Anyone paying attention to national politics knows increasing the minimum wage is a hot topic being debated by employee and business groups. While the debate rages, the Sacramento City Council decided not to wait for the feds or the state to act, and recently voted 6-3 to increase the Sacramento city minimum wage, as follows:
Continue Reading Sacramento Minimum Wage Increases
The Pitfalls of Holiday Hiring: What Not to Ask on an Employment Application
With holiday hiring in full swing, it is a good time to review some basic rules about employment applications in California. In general, employers should not request the following information on employment applications:
Continue Reading The Pitfalls of Holiday Hiring: What Not to Ask on an Employment Application
“Desperate Housewives” Star’s Whistleblower Case Revived by Court of Appeal
In a unanimous decision, a California Court of Appeal held that an employee is not required to exhaust his or her administrative remedies by filing a complaint with the Labor Commissioner before commencing a civil action under California Labor Code sections 98.7 and 6312. Sheridan v. Touchstone Television Productions, LLC, No. B254489 (Cal. Ct. App. Oct. 20, 2015).
Continue Reading “Desperate Housewives” Star’s Whistleblower Case Revived by Court of Appeal
Plaintiff and Defendant Are “Prevailing Parties” in Same Action
In Sharif v. Mehusa, Inc., (Cal. App. 2d Dist. Oct. 14, 2015) 2015 Cal. App. LEXIS 897, plaintiff brought three claims for unpaid overtime, unpaid wages, and violation of California’s Equal Pay Act against her former employer. At trial, plaintiff only succeeded on her Equal Pay Act claim and was awarded $26,300. As the prevailing party under the Equal Pay Act claim, plaintiff filed a motion for attorney’s fees seeking $280,432, based on a $140,216 loadstar with a multiplier of two.
Continue Reading Plaintiff and Defendant Are “Prevailing Parties” in Same Action
California Employers Face Stringent New Equal Pay Requirements
California’s new Fair Pay Act (“Act”) was signed into law by Governor Jerry Brown on October 6, 2015. Many believe the Act is the most aggressive equal pay law in the United States. The Act becomes effective January 1, 2016.
Prior to Act, California Labor Code section 1197.5 prohibited discrimination in pay based on gender since 1949. The old law required equal pay for “equal work,” except under four situations: a seniority system; a merit system; a system measuring earnings by quantity or quality of production; or a “bona fide” factor other than gender.
Continue Reading California Employers Face Stringent New Equal Pay Requirements
California Supreme Court to Review On-Call Rest Breaks
California employers might receive much-needed clarification on whether and to what extent employees can remain “on call” during rest breaks. On April 29, 2015, the California Supreme Court granted review of Augustus v. ABM Sec. Services, Inc., Nos. B243788 & B247392 (Cal. Ct. App. Jan. 29, 2015).
Earlier this year, the California Court of Appeal ruled that security guards were provided lawful rest breaks even though the company required the guards to remain “on call” during the rest breaks. In so holding, the Court of Appeal ruled that remaining on call during rest breaks does not “constitute performing work” under Section 226.7 of the Labor Code and the applicable wage order. For additional details about the underlying decision, please see our prior blog post.
Continue Reading California Supreme Court to Review On-Call Rest Breaks
“No Re-Hire” Clauses May Be Unlawful Restraints of Trade
When settling employment disputes, employers and employees often seek to go their separate ways and avoid crossing paths in the future. Settlement agreements often include a “No Re-Hire” clause in which employees agree they will not be eligible for re-hire; however, what happens when a former employee challenges the “no re-hire” clause as an unlawful restraint on trade? And what happens when the employee seeks to invalidate the entire settlement agreement on the basis that the “no re-hire” clause was a material term of settlement?
Continue Reading “No Re-Hire” Clauses May Be Unlawful Restraints of Trade
Cal/OSHA Issues Guidance on Ebola Virus
Cal/OSHA recently issued interim safety guidelines for preventing exposure to the Ebola virus. California’s guidelines are aimed at identifying safety practices for the types of workers Federal officials have identified to be at potential risk of exposure in this country, including health care workers, emergency responders, laboratory staff, mortuary workers, airline flight crews, airport staff, border protection workers, and quarantine operations staff.
Since California’s workplace safety and health standards are more stringent than the federal standards for infectious diseases such as Ebola, California’s guidelines are drawn from the state standards. The new guidance recommends employers do the following:
Continue Reading Cal/OSHA Issues Guidance on Ebola Virus
Falsification of Time Sheets for Breaks was Misconduct Under Unemployment Insurance Code
Jim Irving, a former employee of the Los Angeles Unified School District, was fired for falsifying time records on at least four occasions. Irving admitted he did not take his breaks at the locations or at the times specified by his employer, exceeded his allotted break time, and deliberately filled out his time sheets to hide his violations.
Irving filed for unemployment compensation benefits. The Employment Development Department initially granted benefits. However, the Unemployment Appeals Board (“Board”) held an administrative hearing and denied benefits. The Board found that Irving had been informed when he was hired of the district policy concerning the duration of breaks and where they could be taken. He also signed a written acknowledgement that explained the policy. According to the Board, Irving’s violations were documented by the global positioning system in the trucks he drove for the district. Based on Irving’s admissions and other evidence, the Board concluded that Irving “falsely recording his times and locations for each of the 10 days on the district’s time records.” Consequently, Irving was discharged for “misconduct” that rendered him ineligible for benefits.
Continue Reading Falsification of Time Sheets for Breaks was Misconduct Under Unemployment Insurance Code
Catch-22 for Employers: Governor Signs Bill Prohibiting Discrimination Based on Driver’s License
At the recent close of the 2014 legislative session, Governor Brown signed into law AB 1660, which makes it unlawful for an employer to discriminate against an employee because of his or her driver’s license.
Continue Reading Catch-22 for Employers: Governor Signs Bill Prohibiting Discrimination Based on Driver’s License