Archives: Labor Code

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Assembly Bill 1008 is the Icing on the Cake for Proponents Seeking to Prevent Employers from Considering Criminal Convictions in the Hiring Process

Assembly Bill 1008 is making its way through the California legislature, after being passed in its amended form by the Committee on Appropriations on May 26, 2017. The Bill would repeal Labor Code section 432.9 and make it unlawful for an employer to include on an application for employment any question regarding the applicant’s criminal … Continue Reading

California Supreme Court Clarifies “Day of Rest” Provisions

California employers can now schedule employees with more confidence when the press of business requires employees to work beyond their normal work schedule. The California Supreme Court has clarified California’s “day of rest” statute. The ruling affords employers flexibility in scheduling employees and clarifies some of the law’s ambiguities while leaving a few unanswered issues. … Continue Reading

California Employers Must Provide Written Notice of Right to Take Domestic Violence Leave

On September 14, 2016, Governor Jerry Brown signed AB 2337 into law which expands the employer notice requirements regarding domestic violence employee protections provided by Labor Code section 230.1. Despite the protections under current law, many employees remain uninformed about their employment-related rights when it comes to domestic violence.  This new bill requires employers of … Continue Reading

Santa Monica, California, Joins Patchwork of Minimum Wage and Paid Sick Leave Laws

California’s City of Santa Monica’s City Council has adopted an ordinance that enacts minimum wage and paid sick leave requirements for covered employees as well as new regulations pertaining to service charges and surcharges. Ordinance Number 2509 became effective on February 25, 2016, although its provisions will not be implemented until July 1, 2016. The … Continue Reading

Why You Should Take a Closer Look at California’s New Piece-Rate Legislation

Employers doing business in California have seen a barrage of class actions and representative claims for various alleged wage and hour Labor Code violations. Some cases are premised solely on “technical” wage statement violations, where the employer may not have even realized the practice was occurring or was unlawful.… Continue Reading

Representative PAGA Law Allows Curing of Certain Wage Statement Violations

An amendment to California’s Labor Code Private Attorneys General Act of 2004 (“PAGA”) affords an employer the right to cure certain wage statement violations before an employee may bring a civil suit against the employer. This is a win for employers. The amendment, AB 1506, provides employers the right to cure a violation of failing … Continue Reading

California Ban on Waiver of Representative PAGA Claims Not Barred by Federal Arbitration Act, Federal Court Holds

Declining to enforce a representative action waiver contained in an arbitration agreement, the Ninth Circuit Court of Appeals, in San Francisco, has held that the Federal Arbitration Act (“FAA”) does not preempt California’s “Iskanian rule,” which prohibits waiver of representative claims under the state Private Attorneys General Act of 2004 (“PAGA”), Cal. Lab. Code § … Continue Reading

Labor Board Sets New Standard for Determining Joint Employer Status

A sharply divided National Labor Relations Board has announced a new standard for determining joint employer status under the National Labor Relations Act. Browning-Ferris Industries of California, Inc., 362 NLRB No. 186 (Aug. 27, 2015). One of the most significant decisions issued by the Board in recent years, it is likely to impact the labor … Continue Reading

You Won’t Want to Miss This! The California Workplace Law Breakfast Series End of Year Update

Employers with operations in California – from established corporations to emerging and startup companies – face unique challenges. California law often sets the national trend with employment law developments predating changes across the country. Our biannual breakfast series consists of interactive seminars offered throughout the Golden State aimed at helping participants learn about the latest … Continue Reading

Complimentary Silicon Valley Labor Seminar on September 9, 2015

Co-hosted by Juniper Networks and Jackson Lewis P.C., the Collaboratory Series offers interactive workshops designed to highlight “real life” compliance issues and solutions for employers. 2015 has been another year for groundbreaking new decisions and rules from the National Labor Relations Board. Not only did the “quickie election” rule go into effect on April 14th, … Continue Reading

Bay Area Employer 411: What You Need to Know About the New Laws on Equal Pay, Fair Scheduling and Slavery-Free Supply Chains

Jackson Lewis Shareholder Punam Sarad will serve as a panelist at the Bay Area Employer 411: What You Need to Know About the New Laws on Equal Pay, Fair Scheduling and Slavery-Free Supply Chains Conference hosted by the San Francisco Department on the Status of Women, Department of Labor/Women’s Bureau, Equal Employment Opportunity Commission and … Continue Reading

Cheerleaders in California Have Something to Cheer About!

On July 15, Governor Jerry Brown signed into law AB 202, which requires California-based minor or major league sport teams in certain sports to treat cheerleaders as employees, not independent contractors. AB 202 defined California-based sport team as either a minor- or major-league-level team in the sport of baseball, basketball, football, ice hockey, or soccer. … Continue Reading

PAGA Waivers may be Enforceable in Federal Courts

In the June 2014 Iskanian decision, the California Supreme Court carved out an exception to the general rule that class action waivers in arbitration agreements are valid, and concluded that the right to bring representative Private Attorney General Act (“PAGA”) claims cannot be waived through arbitration agreements. PAGA allows individual workers to pursue Labor Code … Continue Reading

California Court of Appeal Holds That Retired Employees Can Also Subject Employers to Waiting Time Penalties

On August 19, 2014, a California Court of Appeal held that the requirements of Labor Code sections 202 and 203 apply not only to employees who quit, but also to employees who retire.  In McLean v. State of California et al., No. C074515 (Cal. Aug. 19, 2014), the plaintiff filed a putative class action lawsuit … Continue Reading

Labor Code Sections 203 and 1190.2 Amended

The California Legislature has returned from its summer recess, with a fairly large number of employment bills to consider before the August 31st deadline.  Although the majority of bills introduced in 2014 remain pending, the Legislature hit the ground running passing several bills on to California Governor Jerry Brown who has either vetoed or signed … Continue Reading

Proposed Amendment to Labor Code: Three-Year Statute of Limitations on Liquidated Damages Claim for Failure to Pay Minimum Wage

Last week, California’s legislature submitted a bill for the Governor’s approval, Assembly Bill 2074, which would amend Labor Code section 1194.2 dealing with the provision of liquidated damages arising out of an employer’s failure to pay minimum wage. Employees who believe their employer did not pay them all of their wages may bring a civil … Continue Reading

Recovery Periods, Like Rest Periods, are Compensable Time

New law SB 1360 has clarified that recovery periods, like rest periods, are paid time. This is a significant clarification of the law since there was an ambiguity in the past whether recovery periods were to be treated as paid time or unpaid time. Until now, the situation was unclear as recovery periods were mandated by California … Continue Reading

10 Rules of Startup Employment Labor Law

Originally posted by SmartRecruiters Blog, the leading source for how to hire on the web. To view the original post, please click here. So you’re a startup. You’ve decided to take your world-changing idea and move it out of your dorm room/garage/favorite-table-at-Starbucks and start a legitimate business. So what next? If you plan on staying … Continue Reading

Proposed Amendment to Labor Code Section 226 Could Permit Employers to Recover Attorneys’ Fees

California Labor Code section 226 requires employers to provide accurate wage statements, and enumerates specific requirements for such wage statements.  The statute also provides for penalties should an employer violate section 226, and allows a prevailing employee to recover attorneys’ fees in connection with prosecuting claims for alleged wage statement violations. On May 6, 2014, … Continue Reading

Organ Donor’s Association-Disability Discrimination Claim Can Proceed, California Court Rules

Timing is not everything. In Rope v. Auto-Chlor of Washington System of Washington, Inc., the employer fired an employee for purported performance reasons on December 30, 2010 – two days before California’s Michelle Malkin Donor Protection Act became effective.   The timing was significant because when the employee was hired in October of 2010, he had told … Continue Reading

Protected Status for Veterans

On October 10, 2013, California Gov. Jerry Brown signed a bill, A.B. 556, to add “military and veteran status” to the list of categories protected from employment discrimination under the California Fair Employment and Housing Act (“FEHA”). When this bill becomes operative on January 1, 2014, the FEHA will prohibit harassment and discrimination in employment … Continue Reading

Overtime Requirements in the Home

On September 26, 2013, California Gov. Jerry Brown signed a bill, A.B. 241, to give overtime pay to domestic workers such as caregivers, childcare providers, and housekeepers who work in private homes. The bill enacts California Labor Code Sections 1450-1454 and will take effect on January 1, 2014. Under the new sections, domestic employees must be … Continue Reading

Don’t ask (about my expunged, sealed or criminal records)!

Labor Code section 432.7 prohibits employers from considering, or asking applicants about, information concerning: (1) arrests or detentions not leading to conviction or (2) referral to, or participation in, a pretrial or post-trial diversion programs.  Newly passed SB 530 adds to these restrictions, amending section 432.7 to prohibit employers from asking job applicants about criminal … Continue Reading

You’re going to hear from (but not pay for) MY attorney

A radio program employee who faced substantial liability arising from a tragic on-air “water drinking contest” that ended in a tragic death was named an individual defendant in the survivors’ lawsuit.  The employer offered to defend the employee with a competent attorney of its choosing.  However, the employee took the position that Labor Code section … Continue Reading
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