Tag Archives: California Labor Code

SB 306 Expands Labor Commissioner’s Powers to Enforce Anti-Retaliation Laws

Effective January 1, 2018, Senate Bill 306 amends Labor Code § 98.7 and adds Labor Code §§ 98.74, 1102.61 and 1102.62 to provide the Division of Labor Standards Enforcement (“DLSE”) with expanded authority to enforce the retaliation provisions of the Labor Code. Specifically: The Labor Commissioner will be authorized to conduct an investigation of an … Continue Reading

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 Although the Memorandum is not precedential, it provides guidance regarding the IRS’s current views on the taxability of such … Continue Reading

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 … Continue Reading

No Rest Period Violation for Security Guards On Call during Breaks, California Court Rules

Reversing a trial court’s awarding of a $90 million judgment in a class action case for alleged rest period violations under California law, the California Court of Appeal has ruled that a security company had provided its security guards with proper rest periods, even though they were required to remain “on call” during those breaks. … Continue Reading
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