The California supreme court provided further guidance on employer obligations to provide meal breaks as required under the Labor Code and applicable Wage Orders. In Donohue v. AMN Services LLC, the California supreme court held that employers may not use time rounding policies in context of meal periods, and time records for meal periods
08/13/2020 UPDATE:
On the date of the initial publication of this article, the Labor Commissioner’s lawsuits against ride-sharing behemoths Uber and Lyft, were in the early stages. But, the Labor Commissioner’s office is not the only entity seeking relief from the court against Uber and Lyft. Back on May 5, 2020, the California Attorney General
On April 16, 2020, Governor Gavin Newsom issued Executive Order N-51-20, which provides new paid sick leave to certain food service workers. Citing a need to fill a “gap” left by the federal Families First Coronavirus Response Act, which applies solely to employers with fewer than 500 employees, this new Executive Order provides up to 80 hours of “COVID-19 Supplemental Paid Sick Leave” to defined food sector workers.
(Zaller Law Group is hosting a free webinar on Friday, April 24, 2020, to discuss this new Executive Order and answer your questions. Join us for Understanding California’s New Paid Sick Leave Requirements For Food Sector Employees.)
Here is what you need to know.
Executive Order N-51-20 applies to employers with 500 or more employees in the United States, including full-time and part-time workers but not including independent contractors. Employees on leave of any kind are counted, but employees furloughed or laid off are not counted unless and until they are reemployed.
The Executive Order expressly applies to any “Delivery Network Company” (companies that use a website or mobile app to enable local delivery of products/food from third-party merchants; think Postmates or GrubHub) and any “Transportation Network Company” (companies that provide transportation services using online apps/platforms that connect passengers with drivers using a personal vehicle; think Uber or Lyft) that employs 500 or more employees.
As with the FFCRA and FMLA, common employees of joint or integrated employers must be counted together.
There is one exception: if, as of April 16, 2020, the employer already provides a “supplemental benefit” such as paid leave that provides the same or greater benefit provided by this Executive Order, then the employer does not have to provide the COVID-19 Supplemental Paid Sick Leave.
The Executive Order applies to “Food Sector Workers,” which it defines as any person who satisfies one of the following criteria:Continue Reading California’s COVID-19 Supplemental Paid Sick Leave Order: What Employers Need to Know
Apple employees sued the employer claiming they are owed unpaid wages for time spent undergoing a search prior to leaving the Apple retail stores. The issue presented to the California Supreme Court: Is time spent on the employer’s premises waiting for, and undergoing, required exit searches of packages, bags, or personal technology devices voluntarily brought
Are there are any “predictive scheduling” requirements under California law? Can California employers change schedules for employees without notice? These are some of the questions I’ve dealt with lately about scheduling requirements in California. This Friday’s Five reviews five issues California employers should understand about regulations pertaining to setting and changing schedules under California law:
This Friday’s five article covers five reminders about the California minimum wage increase and its impact upon exempt employees:
1. As of January 1, 2020, the minimum wage in California increased from $12.00 per hour to $13.00 per hour for employers with 26 or more employees (the increase is from $11.00 per hour to $12.00
Happy Thanksgiving! I hope everyone is getting some time to relax and enjoy some time with their families (and eat some great food). Entering the holiday season, it is a good time to review employer’s obligations to accommodate requests for time off for holidays and best pay practices during holiday leaves. This Friday’s Five covers
In O’Grady v. Merchant Exchange Productions, Inc., the California Court of Appeals held that a mandatory service charge could potentially be found to be a gratuity that must be distributed to service employees. The issue in the case is whether a “service charge” can be a “gratuity” that Labor Code section 351 requires to
Fires are again affecting California and Los Angeles. As of this morning, October 25, 2019, 50,000 people have been evacuated in northern Los Angeles County due to the Tick fire. Given the evacuations and electrical grid shutdowns by Pacific Gas & Electric to prevent power lines from starting fires, employers need to understand their obligations