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2016

Governor Brown Signs Historic Legislation Increasing California’s Minimum Wage To $15.00 By 2022

Yesterday morning, Governor Brown signed into law significant increases to the minimum wage rate for California employers.

California High Court Issues Long Awaited Opinion On Workplace “Suitable Seating” Requirements

The California Industrial Welfare Commission Wage Orders contain a number of requirements governing employee wages and working conditions which must be followed.

City Of Los Angeles Amends Living Wage Ordinance To Add New Paid Sick Leave Benefits

The City of Los Angeles Minimum Wage Ordinance (“Ordinance”) was recently amended to include mandatory paid sick leave benefits.

The San Diego City Earned Sick Time And Minimum Wage Ordinance

San Diego jumped on the paid sick leave bandwagon, joining the ranks of Los Angeles, San Francisco, Oakland, Emeryville, and Santa Monica when voters approved the San Diego Earned Sick Leave and Minimum Wage Ordinance (“SD Ordinance”) on June 7, 2016.

New Expansion to Existing Pay Equity Protections

Last year, we reported upon the significant changes which the California legislature made to the job bias law known as the Fair Pay Act ( CLICK HERE).

Supreme Court Mandates Duty Free Rest Breaks

Late last week, the California Supreme Court issued another huge blow to employers in an important case involving state mandated rest breaks.

LA City Council Adopts “Ban The Box” Ordinance Limiting Employers From Asking About Criminal History

The Los Angeles City Council recently voted 12-1 in favor of adopting the Los Angeles Fair Chance Initiative for Hiring, also known as “Ban the Box.”

State Issues 2017 Minimum Hourly Rates For The Computer Professional And Physician Overtime Exemptions

Background. Most of the federal and state overtime exemptions only apply to employees who are paid on a salary basis.

Governor Signs Bill Expanding Pay Equity Law’s Protections

Last year, we detailed the significant changes California made to the Fair Pay Act.

New State Law Prohibits Most Employers From Asking Job Applicants About Juvenile Criminal History Or Using That Information When Making Employment Decisions

One of the many new laws signed by Governor Brown was AB 1843 which limits what employers can ask job applicants concerning their criminal history.

Breaking News: Federal Judge Blocks FLSA Overtime Rule Set To Go Into Effect On December 1, 2016

A federal judge issued a preliminary injunction to block implementation of the new FLSA overtime rule slated to go into effect on December 1, 2016, which would require employers to pay salaried exempt employees a minimum salary of $47,476 per year.

Important Rules for Employing Household Employees

In recent years, California courts have seen a tremendous increase in employment litigation filed by individuals performing work in a person’s home.

I-9 Alert: New California Law Prohibits Common I-9 Practices

One of the new labor laws going into effect on January 1, 2017 gives immigrant job applicants a potent new weapon to sue their employer for stiff penalties for committing specified Unfair Immigration Related Practices when securing or updating I-9 Forms.

Governor Signs Law Increasing The Overtime Pay of Agricultural Workers

The Governor recently signed new legislation that will provide greater protection for agricultural employees who work any overtime hours.

San Diego Approves Amendments to Paid Sick Leave Law

As we previously reported the San Diego Earned Sick Leave and Minimum Wage Ordinance (“SD Ordinance”) was approved by voters on June 7, 2016 and was effective July 11, 2016.

EEOC Guidance Addresses ADA Requirement That Employers Must Offer A Leave of Absence To Disabled Employees

Employee leave of absence issues are among the most common and trickiest situations that employers face.

Ninth Circuit Court Of Appeals Sides With NLRB In Ruling That It Is Unlawful For An Employer To Ask Employees To Sign An Arbitration Agreement Containing A Class Action Waiver

It is commonplace in 2016 for employers to require their employees to sign an agreement promising to arbitrate employment claims in lieu of taking the employer to court.

Equal Employment Opportunity Commission Releases New Guidance for Employers Regarding National Origin Discrimination in the Workplace

The Equal Employment Opportunity Commission (“EEOC”) is the federal agency tasked with enforcing the workplace bias rules found in Title VII of the Civil Rights Act of 1964

PAGA Lawsuits To Receive Increased Oversight

Back in 2004, California adopted a novel approach to enforcing Labor Code violations when it enacted the Private Attorneys General Act (“PAGA”).

San Diego Approves Minimum Wage Increase and Paid Sick Leave

As we previously reported San Diego voters approved the San Diego Earned Sick Leave and Minimum Wage Ordinance (“SD Ordinance”) on June 7, 2016.

Reminder To L.a. Employers: Notice Posting, Minimum Wage, And Paid Sick Leave Requirements Start On July 1, 2016

Starting July 1, 2016, employers located within the City of Los Angeles, as well as those located outside the City who have employees working at least 2 hours in any week within the geographic boundaries of the City of Los Angeles MUST comply with the City’s new minimum wage ordinance (“Ordinance”).

DOL Announces Higher Salary Requirements For Overtime Exemptions

On May 18, 2016, the U.S. Department of Labor (DOL) issued its long awaited regulations which more than double the minimum salary requirement for employees to be deemed “exempt” from federal overtime requirements under the law known as the Fair Labor Standards Act (FLSA).

New California Job Bias Regulations Will Require Most Employers To Update Their Discrimination And Harassment Prevention Policies By April 1st

The state’s job bias agency (the California Department of Fair Employment and Housing or “DFEH”) recently announced revised regulations that will require most employers in the state to issue new workplace anti-discrimination and harassment policies by April 1, 2016.

Transgender Employee & Job Applicant Rights

A couple of weeks ago, the state’s job bias agency (the California Department of Fair Employment and Housing or “DFEH”) published a guidance titled “Transgender Rights In the Workplace” to educate the public about the rights of transgender employees and job applicants to be protected against illegal job discrimination.

Firm Notes

We always like to share good news. First of all, the Firm has a new partner. Additionally, several of the Firm’s lawyers have been singled out for special recognition as being tops in their field on the list of Southern California Super Lawyers by their peers.

Are You A “Joint Employer”?

Labor law watchdog agencies have been grappling with a difficult question: how best to protect workers employed through labor sharing arrangements such as employee leasing, subcontracting and third party staffing agencies. One way is by labeling the arrangement as "joint employment". As joint employers, both entities are legally responsible for any labor violations affecting these workers. This issue of Compliance Matters is devoted to reviewing how businesses often unwittingly become joint employers, taking on significant financial exposure.

NLRB Outlaws Policy Restricting Employees from Making Any Secret Recordings at the Workplace

Most employers and their counsel give little thought to the 81 year old National Labor Relations Act. And why would they, they ask, since that law only pertains to businesses which are unionized or under the threat of becoming union, correct? Actually, that’s 100% wrong.

Reminder to Employers: February 1 Deadline to Post OSHA Form 300A

The Occupational Safety and Health Administration (OSHA) requires certain covered employers to prepare and maintain records of workplace injuries and illnesses.

New State Law Imposes Obligations On Employers When Terrorists Threaten Schools

The second half of 2015 included several incidents in California involving school closures due to terrorist threats. Most notably, on December 15, 2015, the Los Angeles Unified School District had a city-wide school closure after the District received a suspicious email regarding a potential terrorist threat.

New Workplace Violence Prevention Requirements for Hospitals Provide a Road Map for all Employers

In 2014, the California State Legislature passed a law that aims to prevent workplace violence in the health care industry. They picked this industry to regulate because statistics show that a worker in health care is nearly five times more likely to be the victim of a violent act at work than the average worker in all other major industries combined.

New (Higher) Minimum Wage and New (Lower) Mileage Reimbursement Rate

Effective January 1, 2016, the IRS standard mileage reimbursement rate is 54 cents per mile. This number decreased from 57.50 cents per mile set in 2015 due to the lower cost of gasoline.