Tag Archives: Governor Brown

California Legislature Overturns Retaliation Holding in Rope v. Auto-Chlor and Classifies a Mere Request for Accommodation as a “Protected Activity”

On July 16, 2015, AB 987 was signed into law by the Governor Jerry Brown which provides a paradigm shift in favor of employees with respect to their retaliation claims. The new law overturns the retaliation holding in Rope v. Auto-Chlor System of Washington, Inc. (2013) 220 Cal.App.4th 635, and makes it unlawful for an employer … Continue Reading

California Enacts Paid Sick Leave Law

With the enactment of the Healthy Workplaces, Healthy Families Act of 2014 (AB1522), California has become the second state in the nation, after Connecticut, to mandate employers provide their employees, including part-time and temporary workers, paid sick leave. The Act, signed by Governor Jerry Brown on September 10, 2014, requires that  employers, public or private … Continue Reading

Labor Code Sections 203 and 1190.2 Amended

The California Legislature has returned from its summer recess, with a fairly large number of employment bills to consider before the August 31st deadline.  Although the majority of bills introduced in 2014 remain pending, the Legislature hit the ground running passing several bills on to California Governor Jerry Brown who has either vetoed or signed … Continue Reading

Proposed Amendment to Labor Code: Three-Year Statute of Limitations on Liquidated Damages Claim for Failure to Pay Minimum Wage

Last week, California’s legislature submitted a bill for the Governor’s approval, Assembly Bill 2074, which would amend Labor Code section 1194.2 dealing with the provision of liquidated damages arising out of an employer’s failure to pay minimum wage. Employees who believe their employer did not pay them all of their wages may bring a civil … Continue Reading

Recovery Periods, Like Rest Periods, are Compensable Time

New law SB 1360 has clarified that recovery periods, like rest periods, are paid time. This is a significant clarification of the law since there was an ambiguity in the past whether recovery periods were to be treated as paid time or unpaid time. Until now, the situation was unclear as recovery periods were mandated by California … Continue Reading

Protected Status for Veterans

On October 10, 2013, California Gov. Jerry Brown signed a bill, A.B. 556, to add “military and veteran status” to the list of categories protected from employment discrimination under the California Fair Employment and Housing Act (“FEHA”). When this bill becomes operative on January 1, 2014, the FEHA will prohibit harassment and discrimination in employment … Continue Reading

Overtime Requirements in the Home

On September 26, 2013, California Gov. Jerry Brown signed a bill, A.B. 241, to give overtime pay to domestic workers such as caregivers, childcare providers, and housekeepers who work in private homes. The bill enacts California Labor Code Sections 1450-1454 and will take effect on January 1, 2014. Under the new sections, domestic employees must be … Continue Reading

California Governor Signs SB 435 Which Expands the One Hour Pay Penalty in Labor Code 226.7 to Missed “Recovery Periods”

Labor Code 226.7 provides that an employee should receive one hour of pay as a penalty for not receiving rest or meal periods in accordance with California law. Yesterday, Governor Brown signed into law SB 435 which expands the one hour of pay penalty to missed “recovery periods.”  The new law applies to any meal, rest … Continue Reading

New Bill Expands Scope of Paid Family Leave Law

On September 24, 2013, California Governor Jerry Brown signed into law a bill that expands the application of the Family Temporary Disability Insurance program beginning on July 1, 2014. Family Temporary Disability Insurance is also known as Paid Family Leave. Paid Family Leave is a paid benefit provided by California Employment Development Department (“CA EDD”) … Continue Reading

On September 25th, CA Governor Will Sign AB 10 to Increase the CA State Minimum Wage

California Governor Brown has announced he will sign AB 10 tomorrow, in LA and Oakland, which will increase the CA state minimum wage effective July 1, 2014. See Brown’s statement: http://gov.ca.gov/news.php?id=18221. Since many employers are engaged in budgeting for 2014 and beyond, this new development should be factored into such plans.… Continue Reading

Are you ready? Additional Issues if the California State Minimum Wage Changes, Part 2

If the California state minimum wage changes, are you ready?  Employers may need to review the salaries of certain exempt employees to ensure compliance with the minimum salary basis test under the Executive, Administrative, and Professional overtime exemptions. On September 16, 2013, AB 10, the California state minimum wage increase legislation,  was enrolled meaning it … Continue Reading

A Victory for Agricultural Employers: Governor Brown Vetoes the Controversial Union Election Bill SB 104

Agricultural employers received a victory when Governor Brown vetoed SB 104, the controversial bill which would have made it dramatically easier for unions to organize employers subject to the California Agricultural Labor Relations Act (“ALRA”). SB 104 was patterned, in part, after the Employee Free Choice Act which has stalled in Congress. SB 104 would … Continue Reading
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