As defined by Labor Code section 350, a “tip” or “gratuity” includes any money that has been paid, given to, or left for an employee by a patron of a business over and above the actual amount due to the business for services rendered. Tips or gratuities are distinguishable from “service charges,” which are amounts
Shannon Bettis Nakabayashi
San Francisco’s OLSE Issues FAQs for Public Health Emergency Leave Ordinance
Posted in Disability and Leave
In June, San Francisco voters approved Proposition G, which created the Public Health Emergency Leave Ordinance (PHELO). The ordinance requires private employers to provide paid leave to employees for “public health emergencies.” The ordinance took effect on October 1, 2022. In conjunction with the effective date, San Francisco’s Office of Labor Standards Enforcement (OLSE) issued…
San Francisco Voters Approved New Public Health Emergency Leave
Posted in Local Ordinance
In June, San Francisco voters passed Proposition G, a new Public Health Emergency Leave Ordinance. The ordinance requires private employers to provide paid leave to employees for “public health emergencies.” The leave ordinance will be in addition to employer-provided paid leave, such as paid sick leave.
The leave ordinance will become operative on October …
Local Minimum Wages Set to Increase July 1
Posted in Wage and Hour
On January 1, 2022, California’s statewide minimum wage increased to $15.00 ($14.00 for employers with 25 employees or less). A statewide minimum of $15.00 for all businesses was scheduled to go into effect on January 1, 2023. However, as a result of rates of inflation of over 7%, a further statutory increase has been triggered…
Reminders Regarding Remote Employees in California
Posted in Uncategorized
While April has meant the return to the office for many employees across the state, many are remaining remote despite the lifting of statewide COVID-19 restrictions.
Employers with remote employees in California need to ensure they are complying with the state’s employment laws when it comes to those working from home. For purposes of the…
Ask A Litigator: What Do Employers Need to Know About PAGA?
By Mia Farber & Shannon Bettis Nakabayashi on
Posted in PAGA
The Private Attorneys General Act (PAGA) has been in the news lately with a proposed state Proposition seeking to reform it, and the Supreme Court taking up a case regarding PAGA and arbitrations. Though recent developments give hope to employers that some limitations will be placed on PAGA claims, the filing of PAGA…
Proposed San Francisco Ordinance to Require Paid Sick Leave for Domestic Workers
Posted in Paid Sick Leave
Most employees in San Francisco (and throughout California) receive one hour of paid sick leave for every 30 hours worked. The San Francisco Board of Supervisors is now considering an ordinance that would broaden the availability of paid sick leave to domestic workers by establishing a “portable” paid sick leave system.
The “Domestic Workers’ Equal…
California Passes Legislation Regarding Job Performance Quotas for Large Warehouse Facilities
Posted in Labor Code
On September 22, 2021, California’s Governor signed Assembly Bill 701 (AB 701) which regulates the use of quotas at warehouse distribution centers in California. The new law applies to large employers who meet industry definitions for General Warehousing and Storage, Merchant Wholesalers (Durable and Non-Durable Goods), and Electronic Shopping and Mail-Order Houses.
AB 701 requires…
Fair Employment Housing Commissions Publishes New National Origin Discrimination Regulations; Limits “English-Only” Rules and Expands Protections for Immigration Status
Posted in FEHA, Immigration
On May 17, 2018, California’s Fair Employment and Housing Commission (“FEHC”) published the final text of its “Regulations Regarding National Origin Discrimination” (to be codified at 2 Cal. Code Regs. §§ 11027 & 11028). The regulations, which become effective July 1, 2018, expand the definition of “national origin” for purposes of the Fair Employment and…