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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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

Areas employers should review as part of their yearly audit – part two

Posted in Best Practices For California Employers, California Legislation Update, Employee Handbooks, Expense Reimbursement, Wage & Hour Law
In my last post, I wrote about what steps employers should talk to comply with the new employment laws for 2015. This post discusses more generally what employers should audit on a yearly basis. And with the year coming to a close, now is a great time to review these five items: 1. Expense reimbursement… Continue Reading

Understanding immigration and labor reform laws on the federal and state level: President Obama’s immigration proposal and California’s change to immigration related laws in 2015

Posted in Best Practices For California Employers, California Legislation Update, Employee Handbooks, Wrongful Termination
President Obama’s announcement of his controversial plan to provide amnesty for illegal immigrants to remain in the country who meet certain requirements raises a few employment and immigration issues for employers. Putting the politics aside, it is a good time for employers to review their obligations under the law to confirm a worker’s eligibility to… Continue Reading

Five issues employers must understand about California’s harassment and discrimination laws

Posted in Best Practices For California Employers, California Legislation Update, Employee Handbooks, Wrongful Termination
1. Automatic liability for a company when harassing or discriminatory conduct is taken by supervisors. A company is automatically liable for any harassment or discriminatory actions taken by its supervisors. Under California’s Fair Employment and Housing Act (FEHA), a supervisor is defined as anyone who has the authority to hire, transfer, suspend, layoff, recall, promote,… Continue Reading

Friday’s Five: Five new laws for 2015 that employers should review

Posted in Best Practices For California Employers, California Legislation Update, Wage & Hour Law
Below are five new laws going into effect in 2015 that California employers should know about before the start of 2015. Employers should also take time and review their current policies to ensure compliance for the new year. 1. Mandatory paid sick leave. You’ve probably been beaten over the head from emails from your employment lawyer… Continue Reading

Friday’s Five: Five points to understand about California’s new requirements for sexual harassment training

Posted in Best Practices For California Employers, California Legislation Update, Employee Handbooks, New Cases
AB 2053 was signed into law by Governor Brown, and as of January 1, 2015, employers have to comply with new obligations regarding the sexual harassment training already required for some employers under California law.  Here are five issues employers should understand about AB 2053.  1. What are employer’s current obligations to have supervisors attend… Continue Reading

Friday’s Five: Five things every California employer needs to know about the newly enacted paid sick leave law

Posted in Best Practices For California Employers, California Legislation Update, Employee Handbooks, New Cases, Wage & Hour Law
On September 10, 2014, the Governor signed into law a bill that requires a minimum of three paid sick days per year for employees. The new law applies to all employers, regardless of size. Here are five essential points employers must understand to begin the process of meeting their obligations under the new law. 1. How… Continue Reading

San Diego City Council moves closer to raising minimum wage and mandating paid sick leave for San Diego employers

Posted in Best Practices For California Employers, California Legislation Update, Wage & Hour Law
The San Diego City Council approved an ordinance that increases the minimum wage required to be paid to workers within the city to $11.50 per hour by 2017. In addition the ordinance calls for the minimum wage to automatically increase every year after 2018 by indexing the minimum wage to inflation. Currently California’s minimum wage is… Continue Reading

Are you ready for the increase in minimum wage? Join us for a mid-year update on employment and corporate issues.

Posted in Best Practices For California Employers, California Legislation Update, Class Actions, Employee Handbooks, Exempt Employees, Expense Reimbursement, New Cases, Technology & Law, Wage & Hour Law, Wrongful Termination
My firm is conducting a webinar on Thursday June 19, 2014 at 10:00 a.m. for a mid-year update on emerging employment law issues and the newly enacted LLC statute effecting most California Limited Liability Companies.  For more information and to register, please complete the form below:  … Continue Reading

What other legal issues arise from an increase in California’s minimum wage?

Posted in California Legislation Update, Employee Handbooks, Exempt Employees, Wage & Hour Law
With Governor Brown’s signing of the bill raising California’s minimum wage to $10.00 per hour by January 2016, there are a few new considerations this triggers for California employers.  This quick video discusses the increase in guaranteed salary employers must pay in order to for employees to qualify as exempt. … Continue Reading

New Law Effective 2012 Restricts Employers Ability To Conduct Employee Credit Checks

Posted in Best Practices For California Employers, California Legislation Update, Employee Handbooks
California’s new labor code provision severely restricts an employer’s ability to conduct credit checks on employees. Labor Code 1024.5, which took effect on January 1, 2012, only allows employers to conduct credit checks for employees who meet one of the following categories: A managerial position. A position in the state Department of Justice. That of… Continue Reading

Template To Comply With Wage Theft Protection Act of 2011 Notice Requirement To All Hires Beginning in 2012 Published By Labor Commissioner

Posted in Best Practices For California Employers, California Legislation Update, Employee Handbooks, Wage & Hour Law
Today the Division of Labor Standards Enforcement (“DLSE”) published a template that employers can use in order to comply with the new notice requirements set forth in Labor Code section 2810.5. A Word version can be downloaded here and a PDF version can be downloaded here. All California employers are required to provide a notice… Continue Reading

All California Employers Have New Employee Notice Requirements Beginning January 1, 2012

Posted in Best Practices For California Employers, California Legislation Update, Employee Handbooks, Wage & Hour Law
The new law affecting every employer in California is the Wage Theft Protection Act of 2011. It takes effect on January 1, 2012 and adds additional notice and record keeping requirements that employers must comply with. The new law added Labor Code section 2810.5, which requires private employers to provide all new employees with a… Continue Reading

Webinar: New Laws Facing California Employers In 2012

Posted in About the California Employment Law Report, Best Practices For California Employers, California Legislation Update, Class Actions, Employee Handbooks, Exempt Employees, Expense Reimbursement, Meal and Rest Breaks, New Cases, Wage & Hour Law
  Governor Brown signed a number of new employment laws that take effect in January 2012.  During this webinar, we will cover the new obligations facing employers under these recently enacted employment laws as well as the proper steps employers should take to comply with them.  The discussion will also cover the recent oral argument… Continue Reading

New Law Imposes Large Penalties For Misclassification Of Independent Contractors

Posted in California Legislation Update, Class Actions, Wage & Hour Law
Over the weekend, Governor Brown signed S.B. 459 into law (among other employment bills) which makes employers liable for civil penalties of $5,000 to $15,000 for each violation of “willful misclassification” of employees as independent contractors. In addition, if it is found that the employer has a pattern and practice of misclassifying independent contractors, the… Continue Reading

New Law Makes It Illegal To Impersonate Others On Social Networking Sites

Posted in California Legislation Update, Technology & Law
Among the seven hundred or so new laws that took effect on January 1, 2011 is SB 1411 that makes it a misdemeanor for anyone to impersonate another on the internet “for the purposes of harming, intimidating, threatening, or defrauding another person.” The bill, which was signed into law by Governor Schwarzenegger, adds section 528.5… Continue Reading
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