The basic tenet California’s overtime law seems straightforward and unassailable: Workers who work more than eight hours at a time are entitled to overtime pay. But it may not be as simple as that. Many in the home health industry say the practical application of overtime spells the end of live-in care and could actually …
Female workers in California will get new tools to challenge gender-based wage gaps under legislation signed into law Tuesday that supporters say offers the strongest equal-pay protection in the nation. Democratic Gov. Jerry Brown signed the measure while surrounded by women and girls at an event at Rosie the Riveter National Historical Park in Richmond, …
California Employer LAWlert: Equal Pay Act Is Law Read More »
On July 13, 2015, Governor Jerry Brown approved AB 304 Sick Leave: Accrual and Limitations, which amends the Healthy Workplaces, Healthy Families Act of 2014 (i.e., Sections 245.5, 246, and 247.5 of the California Labor Code). These amendments took effect immediately upon signature. The following is a summary of the key amendments to the law, …
California Employer LAWlert: Amendments to Paid Sick Leave Law, Effective Immediately Read More »
Effective July 1, 2015, the Healthy Workplaces/Healthy Families Act of 2014 or the CA Paid Sick Leave Law will entitle most employees in California to three days of paid sick leave each year. All California employers must display the following text in an easily readable location on our before the effective date of the law: …
Starting July 1, 2015 most employees will be entitled to up to three days of paid sick leave each year. Here are the details. WHO IS COVERED? Employees who work in California at least 30 days within one year from the commencement of employment are covered. All private and most public employers are subject to …
The California Supreme Court in the matter of Mendiola v. CPS Security Solutions, Inc., has reversed the California Court of Appeals, ruling that employees on 24 hour shifts must be paid for time sleeping. Historical Perspective Wage and hour claims are today governed by two complementary and occasionally overlapping sources of authority: the provisions of …
California Employer LAWlert: SUPREME COURT RULES THAT SLEEPING IS HOURS WORKED Read More »
Current California law requires employers with 50 or more employees to provide two hours of sexual harassment training and education to all supervisors and managers every 2 years and for newly hired or promoted employees, within six months of the employee’s assumption of a supervisory role. Specifically, the training must include information and practical guidance …
California Employer LAWlert: New Law Requires Anti-Bullying Training in the Workplace Read More »
Costa Solutions LLC, a warehouse service provider to the HEB grocery chain, has agreed to pay $146,459 in overtime back wages to 63 current and former employees after an investigation by the U.S. Department of Labor’s Wage and Hour Division. The investigation, conducted by the division’s San Antonio District Office, found that Costa Solutions violated …
The U.S. Department of Labor’s Occupational Safety and Health Administration announced a final rule requiring employers to notify OSHA when an employee is killed on the job or suffers a work-related hospitalization, amputation or loss of an eye. The rule, which also updates the list of employers partially exempt from OSHA record-keeping requirements, will go …
The California legislature on Saturday, August 29, passed the Healthy Workplaces, Healthy Families Act of 2014. Below are the pertinent elements of the law that every employer in California must become familiar with.Sick Leave Entitlement/Accrual/UseIt states that an employee who, on or after July 1, 2015, works in California for 30 or more days within …
California Employer LAWlert: CA Mandates Paid Sick Leave Read More »
Although the following case involves a California employer and California’s version of the ADA, this Alert is relevant to companies nationwide who are subject to the ADA and state equivalents. In Sanchez v. Swissport Inc., employee Sanchez, alleged that she was discriminated against in violation of California’s Fair Employment and Housing Act (FEHA). FEHA is …
While the title of this Alert is a slight overstatement, it is not that far from reality. In 2013, SB 462 which was signed into law by Governor Brown, serves to amend Labor Code Section 218.5. That section used to permit a court to award attorney fees to the prevailing party, regardless of whether it …
BEWARE – legal fees, employees yes, employers no Read More »
Recently the 2nd District Court of Appeals ruled against Lexmark International, Inc., that its vacation policy violated California Labor Code Section 227.3 which states in pertinent part that an employer’s vacation policy “shall not provide for forfeiture of vested vacation time” and awarded plaintiffs $13 million. Under California law and as affirmed by the court, …
On September 25, 2013, California Governor Jerry Brown signed a new law making California the first state to reach a $10 per hour minimum wage. The new law raises the minimum wage from the current $8 per hour to $9 per hour July 1, 2014, and then to $10 per hour January 1, 2016.This rise …
By Ashley Kaplan As the number of women accusing San Diego Mayor Bob Filner of sexual harassment reaches the double digits, public interest surrounding the case is at an all-time high, as well. In the wake of the accusations – and despite intense pressure to resign – Filner refuses to step down. Instead, Filner is …
CA UPDATE: The 2 Critical Questions From San Diego’s Sexual Harassment Scandal Read More »
SPECIAL 2013 LEGAL UPDATE ALERT As part of Holman HR’s continuing efforts to keep you, our client apprised of new legislation, below is a comprehensive list and summary of all new employment laws for 2013 affecting California employers. For our clients who do not operate facilities within California we will also update you as to …
New PDL rules went into effect 12-30-12. These changes to California’s Pregnancy Disability Leave Law requires all employers in the state to display new postings and notices. The content of the postings is available at http://www.dfeh.ca.gov/Publications_Publications.htm. Other substantive changes include the requirement that employers must notify an employee in writing of any medical certification requirement …
EMPLOYMENT ARBITRATION AGREEMENTS: Good news for employers, at least those outside of California The Case & Ruling: Rent-A-Center v. Jackson, the United States Supreme Court held that arbitration agreements are contracts, and, like other contracts, should be enforced according to their terms which terms may include a provision allowing an arbitrator to determine that …
In California under the IWC wage orders an entity can be held part of an employer/employee relationship if any one of the following three scenarios are satisfied: (1) “to exercise control over the wages, hours or working conditions;” or (2) “to suffer or permit to work;” or (3) “to engage,” a common law definition. Elements …
CA Update LAWlert: Supreme Court broadens definition of employer Read More »
Under California law, a commissioned inside sales representative covered either by Wage Order 4 or Wage Order 7 can be classified as an exempt employee if: Total compensation exceeds 1.5 times the minimum wage for each hour worked during the pay period (As of January 1, 2008, 1.5 x $8.00 = $12.00/hour); and at least …
CA UPDATE: Is Your Commissioned In-House Sales Employee Exempt from Overtime? Read More »
Effective October 8, 2010, California employers must comply with new workers’ compensation posting requirements as a result of recently passed regulations. All California employers must post a new “Notice to Employees–Injuries Caused by Work” poster by October 8. All employers must also distribute a new “Your Rights to Workers’ Compensation Benefits” pamphlet to all new …
CA UPDATE: New Workers Comp. Law Effective 10/08/10 Read More »
An employer cannot legally make a deduction from wages if, by reason of mistake or accident a cash shortage, breakage, or loss of company property/equipment occurs. The California courts have held that losses occurring without any fault on the part of the employee or that are merely the result of simple negligence are inevitable in …
California law states: “No employer shall employ any person for a work period of more than five (5) hours without a meal period of not less than 30 minutes, except that when a work period of not more than six (6) hours will complete the day’s work the meal period may be waived by mutual …
California Employer LAWlert: Employee Meal Breaks in California Read More »
