EMPLOYMENT AND LABOR LAW: LEGAL UPDATE FOR CALIFORNIA EMPLOYERS

November 03rd, 2017/By Admin/In Blog, SBSBLOG, Uncategorized

Topics for this Month include: – New employment laws for 2018 – Wage and hour law employee vs. independent contractor test – Liability for non-employee sexual harassment under the FEHA – Leave of absence accommodations under the ADA LEGISLATIVE/REGULATORY UPDATE There were a few bills that did not survive the governor’s veto power, but here are the employment related laws that will go into effect starting January 1, 2018, unless otherwise noted: SB 63: Employers with 20-49 employees within a 75-mile radius in California will be required to provide employees who meet the CFRA requirements up to 12 weeks of unpaid parental leave within More

EMPLOYMENT AND LABOR LAW: LEGAL UPDATE FOR CALIFORNIA EMPLOYERS

October 05th, 2017/By Admin/In Blog, SBSBLOG

Topics for this Month include: – Administrative claim waivers – Compensability of time spent in inspections – Being married to the boss’s daughter does not protect you – No safe harbor for PAGA penalties for inaccurate pay stubs – Update on employment bills sent to Governor Brown’s desk *** I will be speaking on October 13, 2017 at the Club PIHRA event at Magic Mountain on the topic “Avoiding the Pitfalls of FLSA Misclassification.”  It should be a great event – you can sign up on PIHRA’s website! *** SIGNIFICANT CASE LAW Employers Can Require Arbitration of Administrative Wage Claims In Sonic-Calabasas A, Inc. v. More

EMPLOYMENT AND LABOR LAW: LEGAL UPDATE FOR CALIFORNIA EMPLOYERS

August 07th, 2017/By Admin/In Blog, SBSBLOG

Topics for this Month include: – Restricting vacation pay for first-year employees – Revised (again) I-9 Form – DOL Asks for Comments on Overtime Exemption Rules – San Francisco Employers Banned from Inquiring About Past Salary History – Recent amendments to employment bills *** I will be speaking at the California HR Conference on August 28, 2017 at the Long Beach Convention Center on the topic “To Arbitrate or Not to Arbitrate in California . . . That is the Question.”  I hope to see you there! *** Employers Can Lawfully Defer a New Hire’s Earning of Vacation Pay In Minnick v. Automotive Creations, Inc., More

EMPLOYMENT AND LABOR LAW: LEGAL UPDATE FOR CALIFORNIA EMPLOYERS

July 15th, 2017/By Admin/In Blog, SBSBLOG

Topics for this Month include: – ERISA exemption for church-affiliated hospitals – Exemption salary requirement cannot include nonmonetary benefits – FLSA Anti-Retaliation Extended to Attorneys – Federal agencies flipping positions on wage regulations – Update on California employment bills that still survive U.S. Supreme Court Extends ERISA Religious Exemption to Church-Affiliated Hospitals On June 5, 2017, the U.S. Supreme Court unanimously held that the “church-plan” exemption in ERISA includes not only churches themselves, but also church-affiliated organizations, such as hospitals. Non-Monetary Benefits Cannot be Used to Meet Exemption Salary Threshold In Kao v. Joy Holiday, a foreign national who came to California to work More

EMPLOYMENT AND LABOR LAW: LEGAL UPDATE FOR CALIFORNIA EMPLOYERS

June 01st, 2017/By Admin/In Blog, SBSBLOG

Topics for this Month include: – California Supreme Court Opines on “Day of Rest” Requirements – OSHA Delaying New Recordkeeping Requirements – Implementation of DOL’s “Fiduciary Rule” – New Workplace Harassment Guide for California Employers – Update on Bills Pending in California and U.S. California Supreme Court Clarifies “Day of Rest” Requirements On May 8, 2017, the California Supreme Court issued an advisory opinion regarding questions that the Ninth Circuit had on California’s “day of rest” requirements in Mendoza v. Nordstrom, Inc.  The Court held as follows: Labor Code §551 entitles every person to one day’s rest in seven. A More

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