California has had a handful of bills in recent years that discuss the process for hiring employees when there is a change in ownership or control. There is another bill pending pertaining specifically to grocery stores that experience a change in control. Assembly Bill (AB) 647 would amend certain requirements upon a change in control
Jeanette R. Youngblood
Jeanette R. Youngblood is of counsel in the Sacramento, California, office of Jackson Lewis P.C. She provides advice and counsel to private and public sector employers on issues related to employment law, including wage and hour issues, termination and disciplinary analyses, audits of employer practices and policies, handbook reviews, reductions in force, commission, bonus and piece rate plans, disability management and administration of leave entitlements.
In addition, prior to dedicating her practice to advice and counsel, Jeanette litigated extensively in federal and state courts representing both plaintiffs and defendants. Her litigation experience includes writ proceedings and appeals. Jeanette also has significant experience conducting workplace investigations.
Implementing Alternative Workweek Schedules in California
Under California law, employees normally accrue daily overtime for hours worked over 8 hours in a day. Alternative workweek schedules (AWS) permit workplaces to adopt different schedules longer than 8 hours without accruing overtime. This may be needed due to health and safety concerns or industry practices that mandate longer shifts. It may also be…
The City of Oakland Passes Supplemental Emergency Paid Sick Leave
Following in the footsteps of the cities of Los Angeles, Los Angeles County, San Francisco, and San Jose, the City of Oakland adopted a new supplemental emergency sick leave ordinance on May 18, 2020. The ordinance takes effect immediately and is intended to apply to employers who are not covered by…
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…
Holiday Hiring: What’s on Your Employment Application
With holiday hiring in full swing, it’s a good time to review what should and should not be asked on employment applications.
What Not to Ask
Any questions designed to elicit information about an employee’s protected characteristics or status should be avoided. Exceptions exist for bona fide occupational qualifications. A BFOQ is a work requirement…
WHAT’S ON YOUR WAGE STATEMENTS?
California has many requirements for the content of an employee wage statement, including this year’s new requirements for employees paid by a piece rate. Employees paid by piece rates must be separately compensated for rest and recovery periods and, where the employee does not earn at least minimum wage in addition to the piece rate, must be separately paid for non-productive time. The amount of time for these periods, the applicable rates of pay, and gross wages for these periods is required to be on the wage statement.
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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:
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When a Workers’ Compensation Injury Occurs, Employers Should Discuss Possible Accommodations With Employee
Both California and federal disability laws require employers to engage in an “interactive process” discussion with employees who have disabilities about potential accommodations. Employees who are unable to work because of an occupational injury may be considered disabled because “working” is a major life activity under California law. Many employers are used to having the…