Beginning with contracts entered into on or after January 1, 2018, direct (general) contractors in California will be held jointly liable for their subcontractors’ unpaid employee wages, fringe benefit or other benefit payments or contributions under Assembly Bill 1701, signed into law by Governor Jerry Brown on October 14th. This joint liability requirement is codified……
Wage and Hour
California on Brink of Further Expansion of Fair Pay Protections
California’s legislature is close to passing three bills to expand the state’s fair pay laws. The bills, introduced in early 2017, were designed to expand upon, or clarify, the amended California Fair Pay Act (CFPA).
Click here for the full legal update to learn what the bills include.
Third Time’s the Charm: California’s Proposals to Expand its Equal Pay Protections . . . Again
With amendments to the California Fair Pay Act (“CFPA”) in effect for less than six months, the state legislature has introduced three new bills to further expand the state’s equal pay laws.
Read more about these bills and their potential impact on employers here at our Pay Equity Advisor blog.
Is Your Piece Rate Plan Up To Date?
A piece rate exists where an employee is paid a fixed amount for each unit produced or action performed. Industries that commonly use piece rates include agriculture, automobile repair, trucking, manufacturing, and call centers.
A new law went into effect this year requiring employers to provide additional pay for rest periods and recovery periods to…
Court May Make Reasonable Inferences about Employee’s Exempt, Non-Exempt Activities
A trier of fact can make reasonable inferences about employees’ duties to determine status for overtime pay under California labor law, the California Court of Appeal has ruled, affirming the trial court’s holding. Batze v. Safeway, Inc., No. B258732 (Cal. Ct. App. Apr. 4, 2017).
A group of assistant store managers claimed they should…
The City of Los Angeles Quietly Updates Its Rules and FAQs Regarding the Minimum Wage and Paid Sick Leave Ordinance
The sick leave landscape is constantly evolving, and the City of Angeles is no exception to that rule. This past month the City of Los Angeles Office of Wage Standards revised its rules and regulations as well the FAQs regarding its Minimum Wage and Paid Sick Leave Ordinance.
Learn what that means for employers here …
California Court of Appeal Clarifies Wage Statement Requirements for Use of Unique Employee Numbers, Hourly Rates for PTO or Vacation
The California Court of Appeal has held that: (1) the use of payroll service provider generated unique employee file numbers on employee wage statements, in lieu of the employer’s internal employee identification number or last four digits of employee social security numbers, is legally permissible under California law; and (2) employers are not required to…
Separate Compensation for Rest Breaks and Non-Productive Time Required for Non-Exempt Commissioned Employees
Non-exempt commissioned employees must be paid separately and specifically for rest breaks and non-productive time, a California appellate court has ruled. The court found that a compensation plan that does not pay employees directly for rest periods undermines the public policy of encouraging employees to take their rest breaks.
In Vaquero, et al. v. …
Upcoming Webinar: For California Employers, Pay Equity Keeps Getting More “Comp”licated
Understanding the recent California Fair Pay Act amendments and the rising tide of equal pay claims is “comp”licated. Employers want to ensure they pay employees fairly and without discrimination. The latest broad expansion of California’s Fair Pay Act (CFPA) is making sure employers do that, and more. In January 2016, the CFPA, went into effect…
Soto v. Motel 6 Operating, L.P.: Employees’ Wage Statements Need Not Include Accrued Vacation Time Prior to Termination
All California employers should know by now that if they have a paid vacation policy, the vacation benefits constitute a form of “wages” under California law. (See Murphy v. Kenneth Cole Productions, Inc. (2007) 40 Cal.4th 1094, 1103; Suastez v. Plastic Dress-Up Co. (1982) 31 Cal.3d 774, 784.) California employers are also likely readily familiar…