Employers with at least 100 employees, and federal contractors with contract of at least $50,000 and 50 or more employees, are well aware of the EEO-1 report requirement. EEO-1 reports are due on March 31 of each year and...more
On July 3, 2019, Governor Gavin Newsom signed into law Senate Bill 188, the Crown Act (Create a Respectful and Open Workplace for Natural Hair).
The text of the law includes an explanation for its purpose. In pertinent...more
On July 1, the City of Los Angeles will raise the minimum wage for employers with at least 26 employees to $14.25, and for employers with fewer than 26 employees to $13.25.
In determining whether this increase applies to a...more
The California Department of Fair Employment and Housing (DFEH) recently issued a new Certification of Health Care Provider form that employers may use for medical certification when an employee requests leave under the...more
A recent California Court of Appeal ruling significantly expands the conditions under which the reporting time pay rule in California will apply. Skylar Ward v. Tilly’s, Inc. involved retail clothing store workers who were...more
Senate Bill 1343, which became effective on January 1, 2019, requires that every California employer with at least five employees or independent contractors provide two hours of interactive harassment and abusive conduct...more
Last year, the United States Supreme Court ruled that class action waivers in employment arbitration agreements are enforceable. But, the ruling did not address an agreement that is silent or ambiguous regarding the intent to...more
5/20/2019
/ Ambiguous ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Class Arbitration ,
Consent ,
Federal Arbitration Act ,
Federal v State Law Application ,
Jurisdiction ,
Lamps Plus Inc v Varela ,
Motion to Compel ,
Preemption ,
Reversal ,
SCOTUS
The United States Department of Labor (DOL) recently announced a proposal to increase the minimum salary required to qualify as exempt from overtime under the federal Fair Labor Standards Act (FLSA). The new rule would apply...more
Over the last few years we have seen “ban the box” laws enacted in various states and municipalities. In California, these laws limit the timing of an inquiry into a job applicant’s criminal history to after a conditional...more
The 2019 mileage rates used to calculate the deductible costs of operating an automobile for business, charitable, medical, or moving purposes have increased from last year, or remained unchanged. Specifically, as of January...more
On January 1, 2019, the state minimum wage increased to $12.00 per hour for employers with at least 26 employees, and $11.00 per hour for smaller employers. The state minimum wage governs the exempt employee threshold...more
Effective January 1, 2019, the California Department of Industrial Relations issued a new compensation threshold for exempt computer software employees, reflecting an increase of 4.2% from last year.
To qualify for the...more
Under current California law, organizations with 50 or more employees or independent contractors must provide two hours of interactive harassment and abusive conduct prevention training for their managers and supervisors...more
11/6/2018
/ Anti-Harassment Policies ,
DFEH ,
Discrimination ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Harassment ,
Pending Legislation ,
Retaliation ,
Risk Management ,
State Labor Laws
Beginning September 21, 2018, employers must use the newly issued model Summary of Your Rights Under the Fair Credit Reporting Act form (or their own form based on the model) when providing the required written notice to an...more
On September 13th, the National Labor Relations Board (NLRB) announced that it will propose a new joint employer rule that represents a relaxation of the current standard for determining if businesses are joint employers....more
Buried in the 2017 Tax Cuts and Jobs Act, there is now a general business tax credit employers may claim which is based on wages paid to qualifying employees while they are on family and medical leave. To be eligible for the...more
The U.S. Department of Labor recently issued updated model Family and Medical Leave Act (“FMLA”) forms, with an expiration date of August 31, 2021. Other than the expiration date, these forms are identical to the prior forms...more
The California Legislature is poised to dispense with a cost-effective and expedient method of resolving employment disputes. Specifically, Assembly Bill 3080 seeks to prohibit any person or business from conditioning...more
Assembly Bill 2613 seeks to expand the persons potentially liable to any “person acting on behalf of an employer”. More specifically, liability would attach when an employee is not paid sums owed when due under Labor Code...more
The U.S. Department of Labor recently issued updated Affordable Care Act model notice forms (OMB No.1210-0149). The new forms contain an expiration date of 5/31/2020, and replace all earlier versions....more
Senate Bill 1300 (Jackson) seeks to expand liability in discrimination and harassment by lowering the legal standard for legal claims. Currently, only harassment that is “severe or pervasive” is actionable....more
On Monday, May 21, 2018, in a 5-4 opinion, the United States Supreme Court issued a long-awaited decision in the case, Epic Systems Corp. v. Lewis, on the issue of the enforceability of class action waivers in arbitration...more
5/23/2018
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Epic Systems Corp v Lewis ,
Ernst & Young ,
Federal Arbitration Act ,
Mandatory Arbitration Clauses ,
Murphy Oil USA ,
NLRA ,
NLRB ,
Remand ,
Reversal ,
Savings Clause ,
SCOTUS
Last week the California Supreme Court issued a decision that changes the way California employers do business. In Dynamex Operations West, Inc. v. Superior Court, the Court held that a three factor test (called the “ABC...more
5/10/2018
/ ABC Test ,
CA Supreme Court ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
State Labor Laws ,
Wage and Hour
The past year has been a busy one for passing employment-related legislation. Numerous new laws have gone into effect that impact how California employers manage and interact with their current, prospective, and former...more
4/12/2018
/ Ban the Box ,
DFEH ,
Employment Discrimination ,
FEHA ,
FEHC ,
Hiring & Firing ,
Job Applicants ,
Parental Leave ,
Salary/Wage History ,
Sexual Harassment ,
Transgender ,
Wage and Hour
On January 1, 2018 , the state minimum wage increased to $11.00 per hour for employers with at least 26 employees, and $10.50 per hour for smaller employers. The state minimum wage governs the exempt employee threshold...more