On June 30, 2022, the Supreme Court of California issued a decision in Grande v. Eisenhower Medical Center, No. S261247, that could have a far-reaching impact on the relationships between staffing companies and their clients.
The California courts have cast doubt on the legality of laws mandating the number of women and individuals from “underrepresented communities” on the boards of directors of publicly traded corporations based in California.
In response to “stay-at-home” orders issued by Governor Gavin Newsom and various California municipalities to prevent the further spread of the coronavirus (SARS-CoV-2) employers have been asking or requiring employees to work from home. In this regard, there may be uncertainty about whether employers are required to reimburse employees for expenses incurred to perform remote work. It can sometimes be difficult to determine which expenses, if any, employers must reimburse, and the amount of such reimbursements. Must an employer reimburse remote workers for all cell phone usage since supervisors are calling employees at home? What about printer ink costs? How about internet service?
Unfortunately, given the fast spread of the disease, it is now not uncommon for employers to have at least one employee who has contracted COVID-19, forcing the employee to take extended time off from work. In many cases, these employees will not have enough paid time off available to keep them paid until they are able to return to work. In some workplaces, generous co-workers are willing to donate their paid time off to the sick employee, and employers are exploring ways to implement paid-time-off donation or leave-sharing policies. As with everything in California, paid-time-off donation and leave-sharing policies present challenges and, if not implemented correctly, could come back to haunt the employer and the employees.
As 2019 winds down, employers operating in California will not want to forget that January 1, 2020, rings in several new California laws affecting the workplace. Here’s a New Year’s Eve countdown of 10 important new California employment laws taking effect in 2020 and actions employers can take before the ball falls in Times Square.
On December 9, 2016, the City of Los Angeles enacted the Los Angeles Fair Chance Initiative for Hiring (LAFCIH), a “ban the box” law that is expected to go into effect on January 22, 2017, with monetary fines effective July 1, 2017.
On February 17, 2016, the California Department of Fair Employment and Housing (DFEH) announced that it was issuing a guidance on how to comply with the Fair Employment and Housing Act (FEHA), which was geared toward California employers that employ transgender employees. The new one-page guidance, “Transgender Rights in the Workplace,” defines “gender expression,” describes two kinds of gender transitions, provides answers to three frequently asked questions for employers, and describes how to file a pre-complaint inquiry with the DFEH.
On May 19, 2015, the Los Angeles City Council voted, 14-to-1, to raise the minimum wage to $15.00 per hour in increments over the next five years. As a result, the city council will draft a proposal to raise the wage rate from $9.00 per hour to $15.00 per hour by 2020.
Rebolledo v. Tilly’s Inc., No. G048625 (July 8, 2014): In a recent decision, a California Court of Appeal held that an employer cannot compel arbitration of a wage claim when the language in the parties’ arbitration agreement excluded wage and hour claims. The court held that a provision in the agreement that expressly excluded “any
With the start of the new year, it is the perfect time for employers to ensure that their policies reflect the changes in California law. We covered many of the laws affecting employers in our “California Legislative Update 2013” article and in my three-part blog series, “How the New California Laws Will Impact Your Business
The final post in this three-part series on the newly-signed legislation in California covers the three immigration-related bills that Governor Brown recently signed. I also discuss two significant bills that the governor vetoed. CALIFORNIA IMMIGRATION-RELATED LEGISLATION 1. AB 263: Unfair Immigration-Related Practices AB 263 adds Labor Code sections 1019 et seq. and outlines…..
Part one of this three-part series covered the six wage and hour bills that Governor Brown recently signed and which will go into effect on the first of the year. Part two covers the equal employment opportunity (EEO), disability, and leave-related legislation of which employers should be aware in…..
In 2013, Governor Jerry Brown signed into law approximately 9 out of 10 bills presented to him. This three-part blog series summarizes the new legislation and captures the key employment law related bills that are likely to affect the most private employers in California. The first part of this series…..
Faulkinbury v. Boyd & Associates, Inc., No. G041702 (May 10, 2013): A California Court of Appeal recently changed its position on the class certification of claims for meal period, rest period, and off-the-clock violations in light of the California Supreme Court’s decision in Brinker Restaurant Corp. v. Superior Court. The court held that because the
On May 30, the California Assembly passed AB 10, which aims to increase the state’s minimum wage incrementally over a three-year period to $9.25 per hour by 2016. California’s current minimum wage is $8 per hour. It was last increased in 2008 by 50 cents. The measure, which now passes to…..
On May 22, 2013, California Labor Commissioner Julie Su, issued a report, State of the Division of Labor Standards Enforcement, which summarizes and evaluates the enforcement activity of the Division of Labor Standards Enforcement (DLSE) in 2011 and 2012. The report demonstrates that the DLSE, which among its enforcement responsibilities adjudicates…..
On November 6, 2012, the City of San Jose approved a Minimum Wage Ordinance (MWO) that became effective on March 11, 2013. Under the MWO, the minimum wage for “covered employees” working within the city limits of San Jose will be $10.00 per hour. A “covered employee” is anyone who…..
