Category Archives: Employment Law

Working Off the Clock – Do Employers Have to Pay for Small Amounts of Time Worked?

  • Aug 13 2018

On July 26th, 2018 the California Supreme Court ruled that employers must pay employees for routine and small amounts of time they spend working off-the-clock. The court found that the federal de minimis rule that allows employers not to pay for short amounts of time that are difficult to keep track of did not apply to Californian labor law. This ruling arose from Starbucks employee, Douglas Troester, suing Starbucks for not paying him for...

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California Court Upholds Rounding Employee Time Records by 15 Minutes

  • Jul 18 2018

In June, the California Court of Appeals in AHMC Healthcare, Inc. v. Superior Court of Los Angeles County found that the employer’s policy of rounding employee time records by 15 minutes is lawful. The suit was brought by two employees who argued that the company’s policy of rounding to the nearest quarter-hour unfairly reduced wages and was a violation of California law that requires accurate time keeping. The employer, AHMC, argued that the policy...

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New FEHA National Origin Discrimination Protections Employers Must Know

  • Jun 11 2018

On July 1, 2018, new regulations will go into effect under California’s Fair Employment and Housing Act (FEHA) that are designed to prevent discrimination based on an employee’s national origin. National origin discrimination is already illegal in California, but these new regulations expand on those existing prohibitions, and protect both employees and applicants, including undocumented employees and applicants. The new regulations define “national origin” broadly to include an individual’s actual or perceived Physical, cultural...

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How to Hire an Unpaid Intern Without Breaking the Law

  • Mar 2 2018

With very few exceptions, all workers at your place of business must be paid at least minimum wage for all hours worked. But what about interns, who work at companies without pay as part of a training or educational program? On January 5, 2018, the United States Department of Labor (DOL) issued a new standard for determining whether an individual could be classified as an unpaid intern. Prior to January, the DOL used a...

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Are Your Walls Compliant with CA Labor Laws?

  • Feb 1 2018

There are 19 different notices that the law requires employers to post in the workplace advising employees of their rights with respect to myriad employment, wage and hour laws, leaves of absence and discrimination protection. In some jurisdictions, local ordinances require additional postings addressing minimum wage, paid sick leave and other requirements. There are unique situations that may require additional posters such as heavy equipment or forklifts, chemical use and government contracts. You should...

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Major New Employment Laws that You Need to Know About

  • Oct 20 2017

Governor Brown signed 859 bills at the California Legislature’s 2017 session. California employers should be aware of several new laws that will materially affect their businesses. Here is a summary of some of the most significant new employment laws coming in 2018: The New Parent Leave Act (SB 63) Employers will be required to provide up to 12 workweeks of unpaid parental leave for an employee to bond with a child, and to continue...

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Caution! Sexual Harassment in the Workplace

  • Oct 11 2017

Given the many high profile cases in the media, it is crucial for any business to understand its responsibility to prevent sexual harassment in the workplace. Generally, sexual harassment is deemed to be a form of sex discrimination under Title VII of the Civil Rights of 1964 (Title VII), and most states have far stricter laws in place designed to prevent harassment. There are two types of sexual harassment: quid pro quo (“this for...

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Post The Wage Order

  • Sep 1 2017

Big news in the world of wage orders! There has been some recent updates to include the most recent increases to the minimum wage. Wage Orders 1 through 12, 15 and 16 have been updated by the California Department of Industrial Relations (DIR). That leaves Wage Orders 14 and 17 untouched. Now would be a great time for employers to review all seventeen wage orders to decide which order they need to post. Wage...

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Can Employees Sue Their Employer’s Attorney For Retaliation?

  • Aug 29 2017

Employers are aware of the risk of being sued by their employees for retaliation against an employee that is engaging in a protected activity, but what about the employer’s attorney?  According to a recent case brought to the Ninth Circuit Court of Appeals, an employer’s attorney may also be sued for retaliation under the federal Fair Labor Standards Act (FLSA) (Arias v. Raimondo, 860 F.3d 1185 (9th.Cir. 2017)). The case involves an employee with...

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Wage Orders Update!

  • May 19 2017

It’s already been a busy year for employers with lots of action from the California Legislature, federal and state agencies, local governments, and our courts.  Wage and hour employment law has received a lot of attention from policy makers, enforcement agencies and the courts. California’s Department of Industrial Relations (DIR) regulates wages and hours of employees with documents called Wage Orders.  There are 17 Wage Orders, each one specific to the industry or occupation...

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