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2017

December 22, 2017

IRS Standard Mileage Rates Se to Increase in 2018

Last week, the Internal Revenue Service (“IRS”) issued updated standard mileage rates for businesses to use for calculating the costs incurred by employees when driving a car for business purposes.

December 4, 2017

Holiday Hiring

Most people resign themselves to putting on a few extra pounds during the holiday season.  But waistlines are not the only things that experience a temporary holiday bulge.

November 20, 2017

California’s New Gender Regulations

New regulations issued by the California Department Of Fair Employment and Housing add significant new obligations and restrictions on California employers regarding the hiring and continued employment of transgender individuals.

November 3, 2017

New California Legislation Signed by Governor Brown

Governor Brown recently signed into law several significant employment-related bills. This issue of Compliance Matters is dedicated to summarizing these new laws, most of which go into effect on January 1, 2018.

October 5, 2017

New Dads Are Entitled To The Same Amount Of Parental Leave As New Moms According To EEOC Lawsuit

A recent lawsuit the Equal Employment Opportunity Commission (“EEOC”) filed against cosmetics company Estée Lauder reveals a new twist on how a well-meaning employer is vulnerable to a lawsuit over parental leave.

September 22, 2017

California Discrimination Law Update

Since January, the California Department of Fair Employment and Housing has issued three important new employer Regulations on the following subjects: (i) when and how and employer may use criminal history information when evaluating job applicants and employees; (ii) transgender employee rights in the workplace; and (iii) workplace harassment prevention obligations.

September 11, 2017

Predictive Scheduling Laws Gaining Steam in California and Across the Country

If you have never heard of “predictive scheduling,” read on. The concept, which refers to the legal requirement of providing employees advance notice of their work schedules (and any changes to those schedules), has picked up steam in several cities and states, including California.

September 5, 2017

Emergency Regulations Regarding California’s Gender-Neutral Restroom Signage Approved

On August 14, 2017, California’s Office of Administrative (“OAL”) law approved emergency regulations that address a conflict between current regulations governing gender-neutral restroom signage.

August 18, 2017

Google Employee’s Diversity Memo Serves As A Cautionary Tale To All Employers On Protected Speech In The Workplace

By now, you’ve likely heard about the former Google employee, James Damore, who was recently fired for authoring a controversial 10-page memo questioning Google’s approach to diversity and inclusion in the workplace.

August 11, 2017

San Francisco Passes New Ordinance Requiring Further Lactation Accommodations for Mothers in the Workplace

On June 30, 2017, San Francisco Mayor Ed Lee signed the city’s new “Lactation in the Workplace Ordinance.”

August 1, 2017

STATE SUPREME COURT’S NEW “PAGA” RULING MEANS MORE CLASS ACTION STYLE LAWSUITS FOR CALIFORNIA EMPLOYERS

In 2004, the California legislature passed the Private Attorneys General Act (“PAGA”) to remedy what the legislature perceived as systemic under-enforcement of the state’s many worker protections.

July 12, 2017

CALIFORNIA’S DOMESTIC VIOLENCE LAW NOTICE REQUIREMENTS GO INTO EFFECT IMMEDIATELY

California’s Domestic Violence Law provides protections for employees who are victims of domestic violence, sexual assault, or stalking.

June 30, 2017

New California Regulations Severely Restrict How Employers May Use Criminal History Information

New regulations slated to go into effect on July 1, 2017 will severely limit the rights of a California employer to use or solicit information about the criminal history of a job applicant or employee.

June 28, 2017

Ninth Circuit Rules That the Employers May Be Able to Use Prior Salary History When Setting Pay

California employers are covered under both federal and state so-called “equal pay” legislation.

June 21, 2017

NLRB Reaffirms That Employees Have Wide Latitude To Publicly Criticize Management

In this issue of Compliance Matters, we discuss two recent National Labor Relations Board cases addressing employees who were fired for having publicly criticized their employers.

June 1, 2017

ARE YOUR MINIMUM WAGE EMPLOYEES DUE FOR AN INCREASE THIS JULY 1? 

Thanks to what’s now become a confusing patchwork of federal, state and local minimum wage requirements, that’s not an easy question to answer.

May 11, 2017

California Supreme Court Clarifies California’s Seventh Day Rest Rules

Many employers may be surprised to learn that employees must generally be given at least one day off out of seven.

May 9, 2017

Court Finds That Franchisor Not Liable For Wage & Hour Violations of Franchisee

Some good news for Franchisors. In the case of Salazar v. McDonald’s Corp., a federal District Court recently ruled that McDonald’s Corp.

April 28, 2017

Correction of AB1565 Would Raise the Minimum Salary for Exempt Employees

During the Obama Administration, the United States Department of Labor (DOL) began a rule making process to update and increase the minimum salary needed for a person to qualify for an overtime exemption under the federal Fair Labor Standards Act.

April 24, 2017

Ban the Box Ordinance Update: Los Angeles Bureau of Contract Administration Publishes Guidance, Forms and Notices for Employers

In December 2016, we issued a Compliance Matters newsletter outlining Los Angeles’ new Fair Chance Initiative for Hiring Ordinance, also known as the “Ban the Box” ordinance.

April 7, 2017

EXPANDED WHISTLEBLOWER PROTECTION FOR EMPLOYEES OF FEDERAL CONTRACTORS

Late last year, Congress made permanent the provisions of a four-year pilot program to provide protection for “whistleblowers” working for federal contractors and their subcontractors.

March 31, 2017

COMMISSIONED EMPLOYEES MUST BE PAID HOURLY FOR REST BREAKS AND NON-SALES TIME

In a case of first impression involving commissioned sales employees, the California Court of Appeal recently held that commissioned employees must be paid hourly at the minimum wage for time spent on paid rest breaks or other non-sales duties.

March 1, 2017
ARE YOUR BATHROOMS READY FOR ALL GENDER USE?

Effective March 1, 2017 all “single-user toilet facilities” in any business establishment, place of public accommodation, or state/local government agency must be identified as available for use by all genders.

January 20, 2017
EMPLOYERS MUST USE NEW I-9 FORM BEGINNING JANUARY 22, 2017

The United States Citizenship and Immigration Services (U.S.C.I.S) has developed a new Form I-9 that all employers must begin using on January 22, 2017.

January 13, 2017
EEOC REAFFIRMS RIGHTS OF WORKERS WITH MENTAL CONDITIONS

Last month, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued a resource document explaining the “important protections” the Americans with Disabilities Act affords to individuals with mental health conditions in the workplace.

January 4, 2017
NEW EEOC GUIDELINES ON NATIONAL ORIGIN DISCRIMINATION

Last month, the Equal Employment Opportunity Commission (“EEOC”) issued new guidelines on national origin discrimination.

2016

December 30, 2016

New Expansion to Existing Pay Equity Protections

Last year, we reported upon the significant changes which the California legislature made to the job bias law known as the Fair Pay Act ( CLICK HERE).

December 29, 2016

SUPREME COURT MANDATES DUTY FREE REST BREAKS

Late last week, the California Supreme Court issued another huge blow to employers in an important case involving state mandated rest breaks.

December 22, 2016

LA CITY COUNCIL ADOPTS “BAN THE BOX” ORDINANCE LIMITING EMPLOYERS FROM ASKING ABOUT CRIMINAL HISTORY

The Los Angeles City Council recently voted 12-1 in favor of adopting the Los Angeles Fair Chance Initiative for Hiring, also known as “Ban the Box.”

December 9, 2016

STATE ISSUES 2017 MINIMUM HOURLY RATES FOR THE COMPUTER PROFESSIONAL AND PHYSICIAN OVERTIME EXEMPTIONS

Background .  Most of the federal and state overtime exemptions only apply to employees who are paid on a salary basis.

December 5, 2016

Governor Signs Bill Expanding Pay Equity Law’s Protections 

Last year, we detailed the significant changes California made to the Fair Pay Act (CLICK HERE).

December 1, 2016

NEW STATE LAW PROHIBITS MOST EMPLOYERS FROM ASKING JOB APPLICANTS ABOUT JUVENILE CRIMINAL HISTORY OR USING THAT INFORMATION WHEN MAKING EMPLOYMENT DECISIONS

One of the many new laws signed by Governor Brown was AB 1843 which limits what employers can ask job applicants concerning their criminal history.

November 22, 2016

BREAKING NEWS: FEDERAL JUDGE BLOCKS FLSA OVERTIME RULE SET TO GO INTO EFFECT ON DECEMBER 1, 2016

A federal judge issued a preliminary injunction to block implementation of the new FLSA overtime rule slated to go into effect on December 1, 2016, which would require employers to pay salaried exempt employees a minimum salary of $47,476 per year.

October 28, 2016

Important Rules for Employing Household Employees

In recent years, California courts have seen a tremendous increase in employment litigation filed by individuals performing work in a person’s home.

October 25, 2016
I-9 Alert: New California Law Prohibits Common I-9 Practices

One of the new labor laws going into effect on January 1, 2017 gives immigrant job applicants a potent new weapon to sue their employer for stiff penalties for committing specified Unfair Immigration Related Practices when securing or updating I-9 Forms.

October 19, 2016
Governor Signs Law Increasing The Overtime Pay of Agricultural Workers  

The Governor recently signed new legislation that will provide greater protection for agricultural employees who work any overtime hours.

September 2, 2016
EEOC Guidance Addresses ADA Requirement That Employers Must Offer A Leave of Absence To Disabled Employees  

Employee leave of absence issues are among the most common and trickiest situations that employers face.

August 26, 2016
NINTH CIRCUIT COURT OF APPEALS SIDES WITH NLRB IN RULING THAT IT IS UNLAWFUL FOR AN EMPLOYER TO ASK EMPLOYEES TO SIGN AN ARBITRATION AGREEMENT CONTAINING A CLASS ACTION WAIVER

It is commonplace in 2016 for employers to require their employees to sign an agreement promising to arbitrate employment claims in lieu of taking the employer to court.

August 24, 2016
San Diego Approves Amendments to Paid Sick Leave Law 

As we previously reported ( LINK1, LINK2 )the San Diego Earned Sick Leave and Minimum Wage Ordinance (“SD Ordinance”) was approved by voters on June 7, 2016 and was effective July 11, 2016.

August 22, 2016
Equal Employment Opportunity Commission Releases New Guidance for Employers Regarding National Origin Discrimination in the Workplace 

The  Equal Employment Opportunity Commission (“EEOC”) is the federal agency tasked with enforcing the workplace bias rules found in Title VII of the Civil Rights Act of 1964

July 20, 2016
PAGA Lawsuits To Receive Increased Oversight

Back in 2004, California adopted a novel approach to enforcing Labor Code violations when it enacted the Private Attorneys General Act (“PAGA”).

July 12, 2016
San Diego Approves Minimum Wage Increase and Paid Sick Leave 

As we previously reported Click Here San Diego voters approved the San Diego Earned Sick Leave and Minimum Wage Ordinance (“SD Ordinance”) on June 7, 2016.

July 1, 2016
REMINDER TO L.A. EMPLOYERS: NOTICE POSTING, MINIMUM WAGE, AND PAID SICK LEAVE REQUIREMENTS START ON JULY 1, 2016

Starting July 1, 2016, employers located within the City of Los Angeles, as well as those located outside the City who have employees working at least 2 hours in any week within the geographic boundaries of the City of Los Angeles MUST comply with the City’s new minimum wage ordinance (“Ordinance”).

June 28, 2016

THE SAN DIEGO CITY EARNED SICK TIME AND MINIMUM WAGE ORDINANCE

San Diego jumped on the paid sick leave bandwagon, joining the ranks of Los Angeles, San Francisco, Oakland, Emeryville, and Santa Monica when voters approved the San Diego Earned Sick Leave and Minimum Wage Ordinance (“SD Ordinance”) on June 7, 2016.

June 15, 2016

CITY OF LOS ANGELES AMENDS LIVING WAGE ORDINANCE TO ADD NEW PAID SICK LEAVE BENEFITS

The City of Los Angeles Minimum Wage Ordinance (“Ordinance”) was recently amended to include mandatory paid sick leave benefits.

May 23, 2016

DOL ANNOUNCES HIGHER SALARY REQUIREMENTS FOR OVERTIME EXEMPTIONS

On May 18, 2016, the U.S. Department of Labor (DOL) issued its long awaited regulations which more than double the minimum salary requirement for employees to be deemed “exempt” from federal overtime requirements under the law known as the Fair Labor Standards Act (FLSA).

April 21, 2016

CALIFORNIA HIGH COURT ISSUES LONG AWAITED OPINION ON WORKPLACE “SUITABLE SEATING” REQUIREMENTS

The California Industrial Welfare Commission Wage Orders contain a number of requirements governing employee wages and working conditions which must be followed.

April 5, 2016

GOVERNOR BROWN SIGNS HISTORIC LEGISLATION INCREASING CALIFORNIA’S MINIMUM WAGE TO $15.00 BY 2022

Yesterday morning, Governor Brown signed into law significant increases to the minimum wage rate for California employers.

March 18, 2016

NEW CALIFORNIA JOB BIAS REGULATIONS WILL REQUIRE MOST EMPLOYERS TO UPDATE THEIR  DISCRIMINATION AND HARASSMENT PREVENTION POLICIES BY APRIL 1ST

The state’s job bias agency (the California Department of Fair Employment and Housing or “DFEH”) recently announced revised regulations that will require most employers in the state to issue new workplace anti-discrimination and harassment policies by April 1, 2016.

March 15, 2016

TRANSGENDER EMPLOYEE & JOB APPLICANT RIGHTS

A couple of weeks ago, the state’s job bias agency (the California Department of Fair Employment and Housing or “DFEH”) published a guidance titled “Transgender Rights In the Workplace” to educate the public about the rights of transgender employees and job applicants to be protected against illegal job discrimination.

March 1, 2016

FIRM NOTES

We always like to share good news. First of all, the Firm has a new partner. Additionally, several of the Firm’s lawyers have been singled out for special recognition as being tops in their field on the list of Southern California Super Lawyers by their peers.

February 25, 2016

ARE YOU A “JOINT EMPLOYER”?

Labor law watchdog agencies have been grappling with a difficult question: how best to protect workers employed through labor sharing arrangements such as employee leasing, subcontracting and third party staffing agencies.

February 18, 2016

NLRB Outlaws Policy Restricting Employees from Making Any Secret Recordings at the Workplace   

Most employers and their counsel give little thought to the 81 year old National Labor Relations Act. And why would they, they ask, since that law only pertains to businesses which are unionized or under the threat of becoming union, correct? Actually, that’s 100% wrong.

February 2, 2016

Reminder to Employers: February 1 Deadline to Post OSHA Form 300A

The Occupational Safety and Health Administration (OSHA) requires certain covered employers to prepare and maintain records of workplace injuries and illnesses.

January 27, 2016

New State Law Imposes Obligations On Employers When Terrorists Threaten Schools

The second half of 2015 included several incidents in California involving school closures due to terrorist threats. Most notably, on December 15, 2015, the Los Angeles Unified School District had a city-wide school closure after the District received a suspicious email regarding a potential terrorist threat.

January 22, 2016

New Workplace Violence Prevention Requirements for Hospitals Provide a Road Map for all Employers

In 2014, the California State Legislature passed a law that aims to prevent workplace violence in the health care industry. They picked this industry to regulate because statistics show that a worker in health care is nearly five times more likely to be the victim of a violent act at work than the average worker in all other major industries combined.

January 11, 2016

New (Higher) Minimum Wage and New (Lower) Mileage Reimbursement Rate 

Effective January 1, 2016, the IRS standard mileage reimbursement rate is 54 cents per mile. This number decreased from 57.50 cents per mile set in 2015 due to the lower cost of gasoline.

Other Years

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