On April 23, 2024, the U.S. Department of Labor (DOL) announced its final rule change to employee exemptions under the Fair Labor Standards Act (FLSA). The rule, among other changes, increases the minimum salary threshold for...more
Title VII, the federal standard for workplace discrimination cases, prohibits discrimination against individuals with respect to their “compensation, terms, conditions, or privileges of employment,” based on the individual’s...more
4/26/2024
/ Adverse Employment Action ,
Civil Rights Act ,
Diversity and Inclusion Standards (D&I) ,
Employee Transfers ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Lateral Transfers ,
Muldrow v City of St Louis ,
SCOTUS ,
Sex Discrimination ,
Title VII
California employers, prepare for another state-wide minimum wage hike. Starting January 1, 2024, all California employers, regardless of size, must pay a minimum wage of at least $16 per hour.
The increase came as a...more
It’s that time of year for employers to make their lists and check them twice. While doing so, there are several new employment laws to consider for 2023. The following outlines the major new laws that will affect most...more
12/1/2022
/ Abortion ,
Bereavement Leave ,
Cal-OSHA ,
California ,
California Consumer Privacy Act (CCPA) ,
California Family Rights Act (CFRA) ,
California Privacy Rights Act (CPRA) ,
Coronavirus/COVID-19 ,
Equal Employment Opportunity Commission (EEOC) ,
Labor Code ,
Minimum Wage ,
Notice Requirements ,
Pay Transparency ,
Reproductive Healthcare Issues ,
Retirement Plan ,
Sick Leave
California employers have certainly had to be on their toes these last two years when it comes to dealing with COVID in the workplace. This week was no different.
The Labor Commissioner just released the mandatory poster...more
When the EEOC confirmed months ago that employers could mandate Covid-19 vaccines without violating employment laws, the agency did not answer a lingering question regarding a non-employment statute, section 564 of the Food,...more
On March 19, 2021, Governor Newsom signed Senate Bill No. 95 which requires covered employers to provide a new bank of supplemental paid sick leave for certain COVID-19-related reasons. This bill goes into effect 10 days from...more
3/25/2021
/ American Rescue Plan Act of 2021 ,
Cal-OSHA ,
California ,
Coronavirus/COVID-19 ,
Families First Coronavirus Response Act (FFCRA) ,
Governor Newsom ,
Health Care Providers ,
Labor Code ,
Notice Requirements ,
Paid Sick Leave ,
Vaccinations ,
Wage Statements
A complaint filed in Massachusetts federal court earlier this week highlights a blind spot for many employers. When thinking about parental leave issues, employers often focus on their women. But men have the same rights as...more
COVID-19 has altered the way nearly every employee performs their work. Videoconferencing and phone calls have largely replaced in-person visits and face-to-face meetings in many workplaces. By extension, many sales employees...more
12/15/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Exemptions ,
Fair Labor Standards Act (FLSA) ,
Outside Sales Exemption (OSE) ,
Remote Working ,
Reporting Requirements ,
Salespersons ,
State and Local Government ,
Wage and Hour
Movie stars, musicians and athletes are popping up everywhere urging Americans to vote. Your employees are getting the message. So, what happens if an employee asks to take time off of work to vote? Do you have to grant the...more
Large employers in California must now comply with a California version of the federal Families First COVID Response Act (“FFCRA”). On September 10, 2020, the California legislature passed Assembly Bill No. 1867 requiring...more
The Families First Coronavirus Response Act (“FFCRA”) provides covered employees with up to 10 days of emergency paid sick leave and up to 12 workweeks of expanded family and medical leave, 10 workweeks of which are paid, if...more
As a result of the COVID-19 pandemic, most businesses were faced with making difficult decisions regarding their workforce. The U.S. Bureau of Labor Statistics reported that, in April, the unemployment rate rose to 14.7...more
The Families First Coronavirus Response Act (FFCRA) requires employers with fewer than 500 employees to provide paid leave to employees for a variety of reasons, including when the employee cannot work or telework because the...more
The U.S. Equal Employment Opportunity Commission (“EEOC”) recently published updated and expanded technical assistance addressing questions arising under federal equal employment opportunity laws related to the COVID-19...more
Employers considering reducing their workforce, months-long furloughs or reducing employee work hours during this trying time should consider the federal WARN Act (Worker Adjustment and Retraining Notification Act) before...more
California Assembly Bill 5 has been branded as the killer of the gig economy. It adds to the California Labor Code a new test for deciding who is properly classified as an independent contractor. Workers will be considered...more
9/20/2019
/ Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Internal Revenue Code (IRC) ,
Misclassification ,
New Legislation ,
State Labor Laws ,
Wage and Hour
From California to Connecticut, and places in between, the reach of paid sick leave laws is spreading rapidly. Currently, California, Connecticut, Massachusetts, Oregon and Washington D.C. have state- (or district-) wide laws...more
Originally published in the Orange County Lawyer magazine - June issue, Vol. 54 No. 6 (pages 12-13).
All California employers must comply with a multitude of wage and hour laws that go well beyond setting minimum wages...more
On October 4, 2011, we reported on the Voluntary Classification Settlement Program (VCSP), a program in which the IRS permits employers to prospectively reclassify workers as employees in exchange for limited federal...more