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
Wage and Hour
Ask a Litigator: What Do Employers Need to Know About Wage Statements?
By Stacey M. Cooper on
Posted in Wage and Hour
Just as current and former employees are entitled to inspect their personnel file, Labor Code Section 226(c) entitles current and former employees to request copies of wage statements. Often these requests occur when an employee has filed a claim or intends to file a claim. As such, the employers must have compliant wage statements…
Employers Should Have These Pending Wage and Hour Bills On Their Radar
By Leonora M. Schloss & John P. Nordlund on
Posted in Wage and Hour
The California Legislature is well into its 2021 Legislative session and February 19 was the last day to introduce new bills. Below is a sampling of some wage and hour bills that employers should have on their radar.
Assembly Bill 1003 – Wage Theft as Grand Theft
AB 1003 would make an employer’s intentional theft…
The Spread of Hero Pay Continues
By Benjamin A. Tulis & Sehreen Ladak on
Posted in Wage and Hour
Despite the California Grocers Association lawsuits pending against four cities over hero pay ordinances, more cities and counties have passed or are considering premium pay ordinances for grocery store and similar workers. The laws all vary in both scope and applicability so affected employers with locations throughout California should be mindful of the distinctions. Of…
Hazard Pay for Grocery Workers Trending
By Benjamin A. Tulis & Sehreen Ladak on
Posted in Wage and Hour
Following in the footsteps of the City of Long Beach, the cities of Montebello and Oakland have passed premium pay ordinances mandating additional pay for certain grocery and drug store employees. Premium pay or “hazard pay” for grocery employees seems to be the new trend in COVID-19 regulations. This trend continues despite recent lawsuits…
California Publishes User Guide and Templates for Pay Data Reporting
By Christopher T. Patrick & Lisa B. Marsh on
Posted in Wage and Hour
California SB 973 requires employers that (1) file EEO-1 reports and (2) employ more than 100 employees to submit data to the California Department of Fair Employment and Housing (DFEH) annually that shows pay by race and gender for their California employees. It was signed into law on September 30, 2020, and DFEH has been…
“Hero Pay” Ordinance Passed in City of Long Beach and Likely Coming to a City Near You
By Benjamin A. Tulis on
Posted in Wage and Hour
COVID-19 cases continue to surge around Southern California, causing the region to remain under the restrictions imposed by the statewide Regional Stay at Home Order longer than previously predicted. In response, local governments are looking for ways to reward the grocery workers who have been deemed essential since the start of the pandemic.
The City…
Ninth Circuit Upholds Federal Preemption of California’s Meal and Rest Break Laws for Interstate Motor Carrier Drivers
By Cary G. Palmer on
Posted in Wage and Hour
The Federal Motor Carrier Safety Administration (FMCSA), within the federal Department of Transportation, is responsible for regulating commercial motor carrier safety. In 2018, the FMCSA determined that federal law preempts California’s meal and rest break rules for interstate motor carrier drivers who are subject to the FMCSA’s rest break regulations.
The FMCSA regulations apply to…
California Supreme Court Answers the Ninth Circuit: Dynamex Applies Retroactively
By James P. Carter & Kelli M. Winkle on
Posted in Wage and Hour
In Vazquez v. Jan-Pro Franchising International (Vazquez), the California Supreme Court answered “Yes” to the Ninth Circuit’s question, “Does your independent contractor ABC test in Dynamex Operations West, Inc. v. Superior Court (Dynamex) apply retroactively?”
In 2018, the Dynamex Court concluded that under California wage orders, anyone who performs work for a business is presumed…
California Issues Additional Guidance on What Pay Data Reports will Require
Posted in Wage and Hour
The deadline for employers to comply with California’s pay data reporting requirement (Senate Bill 973) and submit pay data to the Department of Fair Employment and Housing (DFEH) is March 31, 2021.
The DFEH has launched an information page that provides needed clarity on certain obligations and has issued additional guidance on the…