As we discussed last week, makeup time provides flexibility for California employers and employees to offset time taken off within the same workweek without incurring overtime obligations. Additionally, the California Labor Code permits the use of compensatory time, commonly known as “comp time.” However, the federal Fair Labor Standards Act (FLSA) imposes significant limitations on
Best Practices For California Employers
Understanding Make-up Time Under California Law
As difficult as it is to comply with California’s daily overtime rules, it is easy to forget the one form of flexibility provided to employers — make-up time. This provision allows employers to avoid paying overtime when employees want to take off an equivalent amount of time during the same work week. This Friday’s Five…
Navigating the Complex Landscape of Employment Background Checks in California
In today’s regulatory environment, conducting background checks in compliance with both federal and state laws is not only a necessity but also a complex legal challenge for employers. This article delves into the intricacies of four major laws that California employers must consider: the federal Fair Credit Reporting Act (FCRA), the California Investigative Consumer Reporting…
How Employers Should Collect Employee Race and Ethnicity Information for Pay Data Reports
Under California’s pay data reporting obligations, employers with 100 or more employees must prepare and file reports by May 8, 2024. Employers are required to gather and report employee race and ethnicity data, among other items. However, many employers do not have records detailing employee’s race and ethnicity, so how can this information be…
Obesity May Qualify As a Disability Under California Law
In Cornell v. Berkeley Tennis Club, Plaintiff Ketryn Cornell alleged that her obesity should qualify as a disability under California law. Ketryn Cornell began working part-time for the Berkeley Tennis Club as a lifeguard and pool manager in 1997, while attending college at UC Berkeley. She was employed as a night manager and continued to…
Five Steps For Fast-Food Operators To Prepare For California’s April 1 Minimum Wage Increase
As reported previously on this blog, the minimum wage for California’s fast-food operators will increase to $20 per hour on April 1, 2024 under AB 1228. The new law applies to national fast food chains, which are defined as “limited-service restaurants consisting of more than 60 establishments nationally that share a common brand, or that…
July 1, 2024: The Deadline for California Employers to Implement Workplace Violence Prevention Plans
With the enactment of Senate Bill 553 and the upcoming implementation of California Labor Code section 6401.9 on July 1, 2024, California employers will be required to implement additional measures for workplace safety. This legislation compels most non-health care related businesses to review and develop certain workplace violence measures by mandating the creation, execution, and…
Action Items After Being Named In A PAGA or Class Action Wage And Hour Lawsuit
Being named as a defendant in a Private Attorneys General Act (PAGA) or class action lawsuit can be overwhelming, especially for a quickly growing company. However, with planning, a company can minimize the impact of the litigation on its existing operations and put forth the best defense.
A lawyer who has experience in employment law…
The End of the College Degree as We Know It? Exploring New Trends For Employment Criteria
In recent developments across the United States, a significant shift is underway regarding the value and necessity of college degrees. At the heart of this transformation are legislative and executive efforts aimed at reevaluating the traditional emphasis on bachelor’s degrees for job eligibility. Amidst these governmental actions to potentially limit employer’s ability to require a…
Noncompetition agreements are unenforceable, but employers can still protect their company information
Employers had until February 14, 2024 under the newly enacted AB 1076 to provide written notices to employees who were subject to a noncompetition agreement that these agreements were void (unless an exception applied). With California passing this and other laws, prohibiting noncompetition agreements, what measures do employers have to protect their confidential information, and…