State Supreme Court Interprets “Day of Rest”

Recently the California Supreme Court reviewed and defined a 120 year old statute which states that an employee in California must have at least 1 day rest in 7. For most of the 120 years this has been interpreted as averaging 1 day off in 7 (thus requiring 4-5 days off each month). However, with much of the recent tightening of rules by the State Labor Commissioner and courts; employers were left to wonder whether this was sufficient. The exceptions [...]

By |2017-06-28T16:13:04-07:00June 28, 2017|Labor and Employment|

Electronic Signatures

Over the past several years, it has become more and more common for businesses to use electronic signatures for a variety of business related transactions. As a result, both federal and state law have reacted and have created law pertaining to these types of transactions. California’s Uniform Electronic Transactions Act (UTEA) and the Federal Electronic Signatures in Global and National Commerce Act (E-SIGN) require parties to agree to conduct transactions electronically in order for electronic signatures to be enforceable. In [...]

By |2017-05-22T19:37:48-07:00May 22, 2017|Labor and Employment|

Devil’s In the Details!

I don’t normally write “alarmist” pieces, and I rarely alert clients to the activities of other law firms. However, there is a law firm in Southern California that Employers need to be warned about. This firm calls itself “Lawyers for Workplace Fairness” and I have handled at least 8 claims in the past 6 months resulting from this firm finding clients in our area. I am not sure how they are gaining clients, but it is their standard practice to [...]

By |2017-04-13T19:34:27-07:00April 13, 2017|Labor and Employment|

Personal Liability of Owners and Managers

Under both State and Federal law, owners and managers of businesses may be held personally liable for a variety of employment and labor law violations under recent decisions and statutory authority. In the field of harassment and discrimination (especially sexual harassment) both State and Federal law allow employees to pursue actions against managers even where the manager is not the person engaging in the harassing behavior, but is an individual who knows or should have known about the conduct and [...]

By |2017-04-03T19:43:15-07:00April 3, 2017|Labor and Employment|

Minimum Wage in California

Earlier in the year I mentioned that the minimum wage was going up. While this is true, it is not as simple as it sounds. Senate Bill 3 (passed April 4, 2016) creates a two-tier system for California’s minimum wage, depending on the number of employees in the company. For Employers who employ 26 or more employees, the minimum wage has already increased to $10.50 per hour. Those same Employers will see increases as follows: January 1, 2018 - December [...]

By |2017-03-01T19:41:13-08:00March 1, 2017|Labor and Employment|

Mandatory Retirement for Employees

California has already mandated paid sick leave benefits for employees and as of September, 2016, the Governor approved mandated retirement savings plans pursuant to legislation that has been pending for several years. The bills implementation date is currently listed as January 1, 2017 but requires a board (entitled The California Secure Choice Retirement Savings Investment Board) create certain programs for all private employees in the State of California. Note that the law excludes from coverage all governmental employees, the government [...]

By |2017-02-17T19:40:45-08:00February 17, 2017|Labor and Employment|

Win Some Lose Some

Happy New Years . . . and Happy New Laws. Starting with the good news, employers should be advised that the regulation promulgated by the Federal Department of Labor which would have required employers to increase the salary level for exempt status employees December 1, 2016, has been blocked by a federal judge in Texas. The injunction went into effect in December and therefore employers do not need to meet the new Federal salary requirement for exempt status. However, before [...]

By |2017-01-09T19:39:26-08:00January 9, 2017|Labor and Employment|

Weed At Work

Recently California passed Proposition 64 which legalized the use of marijuana for recreational purposes. It is now legal for an individual to possess 28.5 grams of marijuana and 8 grams of concentrated marijuana. However, the legalization failed to address the issue of marijuana usage at work (or before work) where the employee may be impaired by the substance when reporting for work. Proposition 64 focused on issues such as taxation, cultivation, packaging labeling and advertising; but did not answer the [...]

By |2016-12-05T19:45:03-08:00December 5, 2016|Labor and Employment|

Update & Recap

Over the past six months several new bills have passed the legislature or been enacted by the Federal Government which will impact employers in the state of California. First, employers are reminded that the new Federal salary level for exempt status employees goes into effect December 1, 2016 and requires that individuals who may otherwise qualify for exempt status must be paid a minimum of $913 per week ($47,476 per year). In addition to the above Federal requirements for overtime [...]

By |2016-10-31T19:44:40-07:00October 31, 2016|Labor and Employment|

New OSHA Regs Hit Employers

The Occupational Safety and Health Administration has issued new regulations regarding drug testing, inactive programs and accident reporting. These became effective August 10, 2016 for all employers. The main thrust of these regulations is that employers may no longer automatically require drug testing following an accident in the workplace; incentive programs are now considered an “adverse action” and unlawful and employers will now be required to submit recordable injury and illness data from their Form 300A electronically by July 1, [...]

By |2016-09-29T19:42:24-07:00September 29, 2016|Labor and Employment|
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