Insight & Commentary on California Workplace Law Issues & Developments
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…
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…
Labor Code section 432.7 prohibits employers from considering, or asking applicants about, information concerning: (1) arrests or detentions not leading to conviction or (2) referral to, or participation in, a pretrial or post-trial diversion programs. Newly passed SB 530 adds to these restrictions, amending section 432.7 to prohibit employers from asking job applicants about criminal …
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,…
A radio program employee who faced substantial liability arising from a tragic on-air “water drinking contest” that ended in a tragic death was named an individual defendant in the survivors’ lawsuit. The employer offered to defend the employee with a competent attorney of its choosing. However, the employee took the position that Labor Code section…
‘tax reducer’ bain ‘labor code’…
Continue Reading DLSE Tightens Tax Reducers’ Belt
In Harris v. City of Santa Monica, 56 Cal. 4th 203 (Cal. 2013), the California Supreme Court ruled that, to prevail in a mixed motive employment discrimination action, the employee must show that unlawful discrimination was a substantial factor motivating the adverse employment decision. Further, in mixed motive cases, if the employer proves that…
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…
Ketchikan Drywall Services v. Immigration and Customs Enforcement, No. 11-73105 (9th Cir. Aug. 6, 2013): Ouch, the U.S. Court of Appeals for the Ninth Circuit upheld $172,000 in penalties against the employer for failing to maintain correctly completed I-9 Forms. The employer argued that it substantially complied with the law by copying the relevant…
On Wednesday the United States Supreme Court issued two decisions that expand same-sex marriage rights. In the first, United States v. Windsor, the Court ruled unconstitutional a law denying federal recognition of legally-married same-sex couples. In the second, Hollingsworth, et al. v. Perry, the Court… Click here to read the full article.
