On October 12, 2017, Governor Brown signed a new law which expands California’s fair pay laws in front of the Women’s Empowerment Group in Sacramento, California. Jackson Lewis previously discussed some of these proposed laws at the Pay Equity Advisor Blog. Specifically, AB 168 added Labor Code 432.2 which generally requires all employers, of
California Issues New Domestic Violence, Sexual Assault, Stalking Notice
As required under AB 2337, California Division of Labor Standards Enforcement (“DLSE”) has published a new written notice to employees, in English and Spanish, regarding their rights to take protected leave for domestic violence, sexual assault, or stalking. AB 2337, signed by Governor Jerry Brown in September 2016, expanded employer notice requirements. Employers must inform
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.
California Division of Industrial Relations Overview of New California Laws Available
Jackson Lewis recently completed a series of seminars throughout California on many of the key California workplace law updates. On December 28, 2016, the California Department of Industrial Relations (DIR) released its own 2016 Legislative Digest summarizing new laws that impact employees. The DIR Legislative Digest is the DIR’s summary of key laws and is
California Cities and Counties Can Now Join the Effort to Enforce State and Local Wage Payment Laws
California S.B. 1342 is a new law which allows cities and counties to work with the California Division of Labor Standards enforcement (“DLSE”) to enforce wage payment laws. The new measure was intended to give local enforcement programs the tools required to conduct wage claim investigations in order to recover unpaid wages including the ability
Employers Subject to California Prevailing Wage Beware! California Will Resume Enforcement of The Requirement To Electronically Submit Certified Payroll Records
On July 20, 2016, California Department of Industrial Relations (“DIR”) issued a press release stating DIR enforcement of a contractor and subcontractor’s requirement to submit certified payroll records(“CPRs”) using DIR’s online system will resume on August 1. DIR clarified that the requirement to keep CPRs has not changed. Previously, DIR suspended enforcement of filing CPRs
Waiting Time Penalties Under California Labor Code Not Wages for Federal Tax Purposes
Waiting time penalties imposed under Section 203 of the California Labor Code are not “wages” for purposes of federal income or employment taxes, according to a Chief Counsel Advice Memorandum issued by the Internal Revenue Service. Although the Memorandum is not precedential, it provides guidance regarding the IRS’s current views on the taxability of such payments. The California Department of Industrial Relations (DIR) has long taken the position that waiting time penalties are not wages.
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California Work-Related Injuries and Illnesses Fall to Lowest Level in 13 Years
The incidence of occupational injuries and illnesses in California remain at their lowest level in 13 years, according to occupational injury and illness data released by the California Department of Industrial Relations. The Survey of Occupational Injuries and Illnesses (SOII) data reflect a total of 460,000 reportable injury and illness cases in 2014, down from a total of 468,400 cases in 2013. In 2013 and 2014, the rate for cases involving lost work-time, job transfer, or restriction-from-duty cases (collectively, “lost work-time cases”) held steady at approximately 265,000, while cases involving days away from work fell from 146,800 to 142,800. Overall, the incidence of nonfatal occupational injuries and illnesses in California remains at its lowest level in the past decade.
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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 to provide its employees with a wage statement containing the inclusive dates of the pay period and the name and address of the legal entity that is the employer, as required under California Labor Code section 226(a). The amendment, signed by Governor Jerry Brown on October 2, 2015, is effective immediately.
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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