Category Archives: Firm News
How Do I Work Thee, Let Me Count the Ways … Part II
The California Supreme Court clarifies the Labor Code’s “day of rest” rule. Under California law, an employee is entitled to at least one day of rest in seven, and any employer that causes an employee to work without a day of rest in seven is guilty of a misdemeanor.[1] There are exceptions to this… Read More »
California Supreme Court Decision Punishes Employers for Requiring “On Call” Rest Breaks.
Augustus v. ABM Security Services, Inc. (2016) 2 Cal. 5th 257 Employers are required to authorize 10 minute duty free rest breaks for their employees for every four hours of work, approximately in the middle of the four hours, under the IWC Wage Orders. The term “duty free rest periods” means employers “must relieve… Read More »
Employment Law Updates for all Employers – January 1, 2017
Dear Clients, business owners and Colleagues, I am writing to notify you about recently enacted legislation taking effect on January 1, 2017, as well as other important developments in labor and employment law. This list is not exhaustive, but I wanted to touch on a few key developments heading employers’ way in 2017. Minimum… Read More »
Piece-Rate Safe Harbor Deadline Today
Dear Clients, In an attempt to preserve your defenses, if you have submitted the “Piece-Rate Back Pay Notice of Election Form,” Karen suggests resubmitting it with the following language inserted in the “Other Locations Where Employer Does Business…” section: “In making this election, [YOUR NAME] does not agree or admit it has any liability… Read More »
“Benevolent” Employers Beware
Sometimes an employer is approached by an employee with a special request, such as paying the employee “under the table,” or underreporting the employee’s hours to payroll, so the employee doesn’t lose certain government benefits such as low-income housing assistance. This proposition may be tempting for the employer, as it would allow the employee… Read More »
Employee or Independent Contractor?
Do you have Independent Contractors providing services to your business? If you do, be aware that California has strict standards to determine who is truly an Independent Contractor, versus who is actually an employee being intentionally misclassified as an independent contractor. The Courts, the Labor Commissioner and government agencies are applying strict scrutiny to… Read More »
Hands OFF Those PAGA Rights
Employers: if your standard employment contract includes a mandatory arbitration clause, please be aware that there are limits on what issues and claims you can force into arbitration. In a recent California Appellate Court case, an employer included a mandatory arbitration clause in its employment contract. Within the arbitration clause was a provision allowing… Read More »
California’s New Sick Leave Law
California’s Paid Sick Leave Law Took Effect on July 1, 2015 for Your Business Under California’s Paid Sick Leave law, all California employers, regardless of size, were required to provide Paid Sick Leave to their employees beginning July 1, 2015. This law applies to almost every type of employee, including temporary, part-time, and seasonal…. Read More »
What are the Limits on an Employer’s Duty to Make Reasonable Accommodation?
A recent ruling from the California Court of Appeal for the 2nd District recognizes the limits on an employer’s reasonable accommodation for a disabled employee. In Nealy v. City of Santa Monica, the Plaintiff worker who was employed as a solid waste equipment operator for the City of Santa Monica, sustained a knee injury… Read More »
