Best Practices For California Employers

On May 12, 2022, Governor Newsom announced that the state minimum wage could increase to $15.50 per hour on January 1, 2023 due to inflation.  However, many California employers are already facing minimum wage increases much earlier – as many local jurisdictions throughout California are raising their minimum wage rates on July 1, 2022. 

Do employers need to have a computerized timekeeping system to comply with their requirements under California law?  With technological advances, it is hard to remember that just 10 years ago these questions were on top of everyone’s mind, but today it is sometimes assumed that it must be legal to keep these records electronically.  However,

Employers should remember to take time to review their employee documentation, retention policies, and how this information is being saved on a periodic basis.  Here are five record retention issues employers should audit as of April 2022:

1. Are employee time records maintained for at least four years?

The statute of limitations can reach back

Five reminders about the timing and location requirements for providing final wages to employees in California:

  1. An employee who is discharged must be paid all of his or her wages, including accrued vacation, immediately at the time of termination.
  2. An employee who gives at least 72 hours prior notice of quitting, and quits on the

In Mendoza v. Trans Valley Transport, the California Court of Appeal held that an arbitration agreement contained in an employee handbook was unenforceable by the employer because the parties did not enter into a binding agreement to arbitrate.  The appellate court’s analysis in Mendoza illustrates some problems for employers who place arbitration agreements in employee

Pay equity and transparency laws are being considered within the United States and by many countries.  For example, internationally, Europe is reviewing a potential law requiring all wages to be published, Iceland requires companies to prove pay equity since 2018, and a similar law in Canada has passed for employers with 10 or more employees. 

As California’s April 1, 2022 pay data reporting deadline approaches, we are dealing with many questions about when remote employees, teleworking employees, and traveling employees must be included in the report.  A private employer (any employer that is not a government employer) is required to file a pay data report to the Department of Fair

Employers considering implementing noncompetition and nonsolicitation agreements for their California workforce must understand the differences in these agreements, and California’s public policy against restraints against an employee’s ability to work in their profession or trade.  This Friday’s Five covers the top five issues employers must know about noncompetition and nonsolicitation agreements in California.

1. Noncompetition

As we begin March, there are many developments for California employers on the legal front.  Here are five issues that should catch employer’s attention this week (and will likely have impacts on California employers for the rest of the year):

1. Does California’s Private Attorneys General Act (PAGA) Survive 2022?

PAGA was designed by the

This Friday’s Five focuses on five California employment related news items that got my attention this week:

1. California considering reinstating COVID paid sick leave in 2022.

As California’s supplemental paid sick leave expired in September 2021, and Governor Newsom decided not to extend it by executive order.  Now there are discussions of bringing COVID