Insight & Commentary on California Workplace Law Issues & Developments
Employers of all sizes, potentially including individual owners, managers and executives, should be aware of heavier penalties or jail time for engaging in wage theft. According to the California Labor Commissioner’s Office, wage theft occurs anytime an employer does not pay workers what they are owed by law.
California’s Governor signed Assembly Bill 1003 (AB…
Employers may understand the workplace safety concerns surrounding wildfires, but there are other employment issues that employers should consider in the event of a wildfire near the worksite.
The California Labor Commissioner’s Office has FAQs pertaining to important employment issues that employers should consider when their employees or worksite are impacted by wildfires.
Regular …
The Supreme Court of California recently issued two opinions assessing the breadth of California’s prevailing wage law.
Before the court in Mendoza v. Fonseca McElroy Grinding Co., Inc. was a specific question about whether California Labor Code section 1772 helped establish the scope of coverage by providing that workers employed “in the execution” of…
In April, the 9th Circuit panel held that the application of California Assembly Bill 5 (AB 5) to motor carriers is not preempted by the Federal Aviation Administration Authorization Act of 1994 (FAAAA). The panel found the district court abused its discretion by granting the preliminary injunction. The panel concluded that AB 5 is…
In Ferra v. Loews Hollywood Hotel, LLC, the California Supreme Court has concluded that an employee’s “regular rate of compensation” for meal and rest period premium pay is synonymous with the employee’s “regular rate of pay” for overtime. Accordingly, employers paying meal and rest period premiums must pay those, not at an employee’s base…
A piece-rate plan is a wage payment system where an employee is paid a fixed amount for each unit produced or action completed. Piece rate is used in many different industries, including automobile repair, trucking, manufacturing, and call centers. An example of a piece-rate plan is an automobile mechanic who is paid a certain amount…
On January 1, 2021, California’s statewide minimum wage increased to $14 per hour for employers with 26 or more employees and $13 per hour for employers with 25 or fewer employees.
Now that we are almost halfway into the year, all things need to get ready for summer, including minimum wage rates. Many localities have…
Despite the Governor’s recent announcement for a tentative reopening of the state by June, California’s legislature has been busy passing COVID-19-related laws. At the end of March, the Governor signed Senate Bill 95, which resurrected and expanded supplemental paid sick leave. And more recently, the Governor signed Senate Bill 93, which implemented a statewide…
In 2020, a California district court granted a preliminary injunction to prevent enforcement of Assembly Bill 5 (“AB 5”) against motor carriers operating within California. AB 5 codified the judge-made “ABC test” for classifying workers as either employees or independent contractors. The district court concluded, “there is little question that the State of California has…
20 million Californians have already been vaccinated, with all individuals age 16 and up eligible for vaccination effective April 15th. The Department of Fair Employment and Housing recently released updated COVID-19 guidance, which included guidance on employer vaccination programs. The California Labor Commissioner followed suit and released guidance regarding COVID-19 Testing and…
