It can be so confusing to understand whether and when an employee’s missed shift can be grounds for discipline. For example, you can’t discipline an employee, even if they call off at the last minute, if they have statutory...more
We know that many cities in California have their own minimum wages. And we also know that several of those cities had minimum wage increases in July 2024, including: Alameda, Berkeley, Emeryville, Fremont, Los Angeles...more
It happens all the time. A poor performing, or even blatant policy-violating former employee applies for unemployment. The immediate reflex by most employers is to contest it. Good idea? Well, it really depends. If the...more
A quick reminder for national Fast Food restaurants, the California minimum wage is going up to $20 per hour as of April 1, 2024. As we wrote in our Alert back in October 2023, AB 1228 created a Fast Food Council in...more
Hospitality employers in California beware. Effective July 1, 2024, California’s Junk Fee Ban (SB 478) will go into effect, making it unlawful to advertise, display or offer a price for a good or service that does not...more
The allure of doing business in California is undeniable. It is the world’s fifth largest economy (moving toward fourth) and a market of more than 39 million people. For employers, however, California presents unique...more
2/12/2024
/ Bereavement Leave ,
California ,
Employment Discrimination ,
Fair Pay Act ,
Fair Workweek ,
FEHA ,
Independent Contractors ,
Lactation Accommodation ,
Minimum Wage ,
Non-Compete Agreements ,
Over-Time ,
Paid Family Leave Law ,
Paid Leave ,
Private Attorneys General Act (PAGA) ,
Reasonable Accommodation ,
Rest and Meal Break ,
Rounding ,
State Labor Laws ,
Wage and Hour ,
Wage Theft ,
Work Schedules ,
Workplace Safety
As you surely know by now, non-compete and non-solicit agreements, and related provisions in settlement or other types of agreements, will be even more heavily scrutinized in California in 2024. So enough about what you...more
I have often said to clients that retaliation claims in California are the easiest claims to allege and the hardest claims to defend. Regardless of the statute, a retaliation claim is essentially three things:...more
Do you want to avoid workplace claims? One great place to start is with gratitude. In so many employment cases we see, the underlying issue is someone feeling under-appreciated. Employees who feel under valued will use...more
California voters will no longer decide the fate of the controversial Fast Food Accountability and Standards Recovery Act (FAST Act), which was expected to significantly affect fast-food restaurants in the state, including...more
My sexual harassment prevention training sessions always include a discussion of the common misconceptions about it. The news about pop star Lizzo brought some of these issues top-of-mind. A few issues to keep in mind; yes,...more
Yes, we are all tired of Covid-19, but it is back with a vengeance this Fall, as are back-to-school colds and soon, the flu. This blog is a quick refresher on what employers need to do, and key resources to refer to....more
Back in 2019, I posted about the difference between a Service Charge, an Automatic Gratuity, and a Gratuity/Tip. I explained that a service charge is typically a set amount added to a guest check in lieu of a tip. An...more
In the words of the Los Angeles Times, it is a “Hot Labor Summer” in southern California. At this time:
• The WGA (Writers’ Guild of America) has been on strike since May 2nd (11,000 writers on strike).
• Beginning July...more
As my New York colleagues wrote , the New York Legislature just passed a bill that would prohibit non-competition agreements between employers and employees. If signed by Gov. Kathy Hochul, New York will become the fifth...more
How many times do people feel a twinge of misogyny, racism, anti-LGTBQ bias, or just that they work in an “old-boys network”? And when asked for examples, they might seem trivial, but the person knows in their heart that...more
I must say that practicing “Nanny Law” is not my favorite part of employment law. “Nanny Law” is the term I use for household workers (caregivers), whether they be those who care for babies, kids, elderly parents, or those...more
On April 14, 2023, the California Civil Rights Division (“CRD”) updated its frequently asked questions page regarding SB 1162, which sets forth California’s new pay data reporting requirements. The revised April 14th guidance...more
As we blogged about late last year, Los Angeles will have a Fair Work Week Ordinance as of April 1, 2023.
This Ordinance only effects retail businesses with over 300 employees “globally” — but that tally includes those...more
There is lots of buzz lately about a broad sweeping decision by the NLRB that limits the use of Confidentiality and Non-Disparagement provisions in severance agreements.
It sometimes helps to put the NLRA in context,...more
The allure of doing business in California is undeniable. It is the world’s fifth largest economy (moving toward fourth) and a market of more than 39 million people. For employers, however, California presents unique...more
1/20/2023
/ Age Discrimination ,
Anti-Harassment Policies ,
Bereavement Leave ,
California ,
California Family Rights Act (CFRA) ,
Disability Discrimination ,
Employment Discrimination ,
Fair Chance Act ,
Fair Pay Act ,
Fair Workweek ,
FEHA ,
Lactation Accommodation ,
Minimum Wage ,
Over-Time ,
Paid Leave ,
Reasonable Accommodation ,
Rest and Meal Break ,
Rounding ,
State Labor Laws ,
Wage and Hour ,
Wage Theft ,
Work Schedules ,
Workplace Safety
Predictive scheduling laws require employers to post schedules ahead of time, and restrict the ability to make last minute changes. California doesn’t have any statewide predictive scheduling laws. Prior attempts to...more
The state’s minimum wage is going up on January 1, 2023 to $15.50 per hour for employers of all sizes. The state’s minimum wage was originally scheduled to remain at $15.00 in 2023 for employers of 26 or more employees, and...more
Following a trend in California regarding increased leniency for those with conviction records, and ensuring that formerly incarcerated people are not unduly burdened by their past, Governor Newsom recently signed SB-731 into...more
How many times does an employee just call (or text) that they are not coming in? Not feeling well? Something vague. Then months (or years) later, the employer gets a claim that the employee actually had a disability that...more