California Employment Law Report

California Employment Law Report

The latest litigation trends, court decisions, & issues on California Employment Law

Archives: California Legislation Update

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Los Angeles area employers: checklist to comply with July 1 minimum wage and paid sick leave laws

Posted in Best Practices For California Employers, California Legislation Update, Employee Handbooks, Resources, Wage & Hour Law
Next week Los Angeles employers need to comply with new minimum wage and paid sick leave requirements.  I have written about the new laws a lot recently, but wanted to provide five items in today’s Friday’s Five to review in ensuring your company is ready for the new laws for next week’s deadlines: Understand where… Continue Reading

Los Angeles County minimum wage ordinance – traps for employers

Posted in Best Practices For California Employers, California Legislation Update, Resources, Wage & Hour Law
Following the City of Los Angeles, the County of Los Angeles implemented a new minimum wage increase for all unincorporated cities within Los Angeles County.  The minimum wage law follows the City’s requirements, but there are a few areas where the County differs, which can be a trap for employers: 1) County of Los Angeles… Continue Reading

Department of Labor issues overtime rule changes

Posted in Best Practices For California Employers, California Legislation Update, Exempt Employees, Wage & Hour Law
DOLOn May 18, 2016 the Department of Labor issued long awaited changes to the Federal rules setting forth the requirements for employees to qualify as exempt under the white collar exemptions.  Exempt employees are “exempt” from some labor laws governing employees, such as overtime pay.  Exempt employees are designated as such because they are “exempt”… Continue Reading

Five action items employers can take pending the DOL changes in exempt classifications

Posted in Best Practices For California Employers, California Legislation Update, Exempt Employees, Wage & Hour Law
DOLIn 2015 the Department of Labor (DOL) proposed increasing the salary employees must receive in order to be classified as exempt.  The DOL finalized the rules and the changes are pending before the White House’s Office of Management and Budget.  If approved, it is likely that the final rules would take effect late summer or… Continue Reading

Only four months into 2016, new regulations require review of policies

Posted in Best Practices For California Employers, California Legislation Update
Yes, it is only April, but even if employers updated their handbooks at the beginning of 2016, they should take another look at the handbooks to ensure they comply with new regulations issued by California’s Fair Employment and Housing Council.  The new regulations under the Fair Employment and Housing Act are effective April 1, 2016.… Continue Reading

EEOC’s proposal to require additional information about employee’s race, gender, ethnicity and wages, five key issues to understand

Posted in Best Practices For California Employers, California Legislation Update, Wage & Hour Law
Happy Friday.  Big data has entered into the employment context.  The EEOC is proposing changing the EEO-1 report to require employers to report about an employee’s earnings based on their race, gender and ethnicity.  Here are five things employers should know about the EEOC’s proposal: 1.      Proposal to add wage data about employees to EEO-1… Continue Reading

Friday’s Five: 2016 will be the year of joint employer liability – is your company ready?

Posted in Best Practices For California Employers, California Legislation Update, New Cases, Resources, Wage & Hour Law
Vertical-joint-employment-2-768x7682016 will be a year in which joint employer liability will be a major issue for employers.  Why am I making this prediction?  First, the NLRB has refocused attention to this issue in hopes of expanding the number of employers that can be found jointly liable.  Second, the Department of Labor issued an Administrative Interpretation… Continue Reading

Five action items to start 2016 off right

Posted in Best Practices For California Employers, California Legislation Update, Employee Handbooks, Exempt Employees, Meal and Rest Breaks, Resources, Wage & Hour Law
I cannot believe it is already Friday, and one week done in 2016.  This Friday’s Five focuses on a few action items for employers can use to start a review of their employment policies for 2016.  1.      Ensure the new hire packets contain all required information for employees.  If employers do not have a standard… Continue Reading

Five videos all California employers should watch for 2016

Posted in Best Practices For California Employers, California Legislation Update, Class Actions, Employee Handbooks, Exempt Employees, Meal and Rest Breaks, New Cases, Resources, Wage & Hour Law
Happy New Year!  This Friday’s Five consists of five new video’s taken from a recent presentation I conducted on new employment laws facing California employers in 2016.  Wishing everyone the best in 2016. 2016 Update: California’s new equal pay protections: 2016 Update: Meal and rest break considerations: 2016 Update: Minimum wage increases state and locally:… Continue Reading

Friday’s Five: Five employment law areas to review for 2016

Posted in Best Practices For California Employers, California Legislation Update, Class Actions, Employee Handbooks, Exempt Employees, Meal and Rest Breaks, New Cases, Resources, Wage & Hour Law
As we approach the close of 2015, employers should take the time to review their employment law policies and practices.  I’m often asked where should the process start?  Here are five areas employers can focus on to start the audit process: 1.      Employee handbooks Employers need to ensure their policies are up to date, and… Continue Reading

Friday’s Five: Five Employment Law Considerations For 2016

Posted in Best Practices For California Employers, California Legislation Update, Class Actions, Employee Handbooks, Meal and Rest Breaks, New Cases, Resources, Wage & Hour Law
Today’s Friday’s Five is a short video about five employment law considerations employers should review at the end of 2015.  As mentioned in the video, I will be conducting a webinar on December 2, 2015 for employers to understand and comply with new employment laws taking effect in 2016.  I will also discuss new case… Continue Reading

Friday’s Five: Five new California employment laws taking effect on January 1, 2016

Posted in Best Practices For California Employers, California Legislation Update, Employee Handbooks, Expense Reimbursement, Wage & Hour Law
I can hear the questions already, just five new laws taking effect on January 1, 2016?  No, there are many more, as I have previously written about, but here are five additional new laws employers need to understand going into 2016. 1.     Family members of whistleblower are granted protections and some employers are excluded from… Continue Reading

Friday’s Five: California employers get some PAGA relief

Posted in Best Practices For California Employers, California Legislation Update, Class Actions, Wage & Hour Law
California passed a new law in October 2015 that provides employers some potential protection against penalties imposed by the Private Attorney General Act of 2004 (PAGA). Employers need to understand the intricacies of PAGA, and the importance of seeking legal counsel immediately upon receiving a copy of the letter a plaintiff must send to the… Continue Reading

California enacts new equal pay protections for 2016

Posted in Best Practices For California Employers, California Legislation Update, Wage & Hour Law
Equal pay actToday, October 6, 2015, Governor Brown signed into the law Senate Bill 358, directed at ensuring equal pay across genders.  While it was illegal to pay employees different wages based upon their gender or race already under California law, the new law expands the protection to workers who do “substantially similar” work.  The bill amends… Continue Reading

Friday’s Five: Organ donation, accommodation law effective 2016, and tips employers need to know now!

Posted in Best Practices For California Employers, California Legislation Update, Employee Handbooks, New Cases, Wrongful Termination
In July 2015, Governor Brown signed legislation designed to overturn the decision in Rope v. Auto-Chlor System of Washington Inc.  The case involved an employee who was asking his employer for an accommodation to take a future leave of absence in order to donate a kidney to his sister.  As discussed below, the case raises… Continue Reading

What are the biggest threats facing restaurateurs in 2015 and beyond?

Posted in About the California Employment Law Report, Best Practices For California Employers, California Legislation Update, New Cases, Resources, Uncategorized
I was able to catch up with California Restaurant Association’s CEO, Jot Condie at the 2015 Western Foodservice & Hospitality Expo.  We discuss the threats facing restaurateurs and the steps the CRA is taking to represent its members.  … Continue Reading

Friday’s Five: Five recent employment law developments employers should heed

Posted in Best Practices For California Employers, California Legislation Update, Class Actions, New Cases, Wage & Hour Law
This Friday’s Five covers five employment law developments that occurred in August 2015 that will have an impact for employers in California. 1)     NLRB ruling widens which companies may be considered “joint employers” In a 3-2 decision, the NLRB ruled that Browning-Ferris Industries of California, Inc. was a joint employer with a staffing agency, Leadpoint… Continue Reading

Five employment related bills California employers must monitor

Posted in California Legislation Update, Class Actions, New Cases, Wage & Hour Law
With summer upon us, the California legislature is busy working on bills that could impact employers.  Here are five employment bills being considered by the state legislature that California employers should keep an eye on: 1. SB 3 – Increase in minimum wage and indexing to inflation Currently, California minimum wage is set to increase… Continue Reading

Los Angeles moves closer to super-minimum wage, but major issues still surround the proposed law

Posted in Best Practices For California Employers, California Legislation Update, Wage & Hour Law
The Los Angeles Times is reporting that a panel of city lawmakers approved a draft of the ordinance that would raise the minimum wage in Los Angeles to $15 per hour by 2020, moving the ordinance one step closer to passage.  There was a backlash this week against the labor unions that were pushing hard… Continue Reading

Five statutes that can shift attorney’s fees to employers

Posted in Best Practices For California Employers, California Legislation Update, Exempt Employees, Resources, Technology & Law, Uncategorized, Wage & Hour Law, Wrongful Termination
You may recall from your college business law class of the “American rule” regarding attorney’s fees: generally in the United States each side is responsible to their own attorney’s fees, and unlike other countries, the loser does not have to pay the other party’s attorney’s fees. Employers can basically ignore this general rule in employment… Continue Reading

Five legal concepts every California employer needs to understand

Posted in Best Practices For California Employers, California Legislation Update, Uncategorized, Wage & Hour Law
You’ve set up a successful company and begin hiring employees. To be a successful operator in California, a company’s management needs to be familiar with the critical legal concepts in order to successfully navigate California’s complex employment laws. You never wanted to go to law school, but time to hit the, ahem, books (or the… Continue Reading

Five things every employer with IT workers must understand about the computer professional exemption under California law

Posted in California Legislation Update, Employee Handbooks, Technology & Law, Uncategorized, Wage & Hour Law
Recently I published a list of common exemptions under California law. This list of exemptions did not delve into the details of each exemption in detail, so I will be returning to a few of the exemptions to add more explanation about each exempt classification. I’m currently reading Paul Graham’s Hackers and Painters, Big Ideas… Continue Reading

5 common questions about class actions every employer should understand

Posted in Best Practices For California Employers, California Legislation Update, Class Actions, Uncategorized
1. What is a class action? To understand what a class action is, it is better to start with the basic individual litigation concept. Normally, parties bring their own disputes to court and litigate the case against the other parties who have been officially designated a parties and served with process and understand that they… Continue Reading

Top five employment law class action claims for California employers in 2014

Posted in Best Practices For California Employers, California Legislation Update, Class Actions, Employee Handbooks, Meal and Rest Breaks, New Cases, Technology & Law, Wage & Hour Law
Let me start with the lawyer’s disclaimer up-front: this Friday’s Five list has no scientific or statistical backing whatsoever, I generated it based on the cases I’ve been litigating in 2014. My experience may be (and probably is) skewed a bit, but nevertheless California employers should pay attention to the following areas of potential litigation.… Continue Reading
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