California Appellate Court Concludes That Employer Lawfully Rounded Employee Time Up and Down
7/12/18
By: Laura Flynn
The Second District of the California Court of Appeal has ruled that calculating payroll by automatically rounding workers’ hours either up or down to the nearest quarter-hour is legal as long as it does not result in …
California’s New Independent Contractor Test
7/11/18
By: Christine Lee
On April 30, 2018, the California Supreme Court issued a landmark decision in Dynamex Operations West, Inc. v. Superior Court, No. S222732, in which the Court adopted an extremely broad view of workers who will be …
Is An Employee’s Intentional Act An Employer’s “Accident”?
7/10/18
By: Rebecca Smith and Zach Moura
It may just be, according to the California Supreme Court’s recent decision in Liberty Surplus Ins. Corp. v. Ledesma & Meyer Construction Co., Inc. (June 4, 2018, No. S236765). In Liberty v. Ledesma, …
Bonus or No Bonus? California Supreme Court Clarifies Calculation of Overtime
4/16/18
By: Christine C. Lee
Calculating the correct overtime pay rate for non-exempt employees just got a little more complicated for California employers who elect to pay bonuses. In the recent case of Alvarado v. Dart Container Corporation of California, …
Salary History And Wage Gaps
4/10/18
By: Rebecca J. Smith
The U.S. Court of Appeals for the 9th Circuit, which heard the case of Rizo v. Fresno County Office of Education en banc last year, has changed the 9th Circuit’s position and found that …
Navigating New California Employment Laws
2/1/18
By: David Daniels
Are you and your clients doing business in California prepared for the new employment laws that take effect in 2018? If you represent employers in the state of California, these laws may very well affect the daily …
Employer Notification to Disseminate Updated Sexual Harassment Brochure or Poster to California Employees
12/11/17
By: Elizabeth G. Fellmeth
On April 1, 2016, stronger discrimination and harassment regulations under the Fair Employment and Housing Act (“FEHA”) took effect. In addition to distributing California’s Department of Fair Employment and Housing (“DFEH”) brochure on sexual harassment (DFEH-185), …
Trends and the Economic Impact Involving Workplace Injuries
12/6/17
By: Jac O’Delle E. Wright
Employers, agents, brokers and insurers have every reason to keep up-to-date regarding trends and the economic impact involving workplace injuries. Because of frequent changes, including those involving workers’ compensation legislation and case law, safety management …
Do You Like Piña Coladas? What Questions Can An Employer Ask in Light of Recent Bans on Requests for Salary History Information?
10/31/17
By: Laura S. Flynn
Massachusetts, Delaware, Oregon, California, New York City, Philadelphia and San Francisco have passed laws banning employers from asking applicants about their salary history. The intent behind the legislation is to discourage perpetuation of the gender wage …
California Bans Employers from Seeking Salary History Information
10/24/17
By: Laura Flynn
California has joined a growing number of states and cities that ban employers from inquiring as to a job applicant’s salary history. Governor Brown recently signed California Labor Code section 432.3 into law. It becomes effective on …
Guidance on Compensation for After-Hours Work on Mobile Devices
9/1/17
By: Margot M. Parker
Of the many modern day conveniences brought to us by the rise of technology and widespread use of smartphones, one may be a double-edged sword. That is, you’re never off work. Or at least, so it …
CALIFORNIA’S NEW REGULATIONS ON TRANSGENDER EMPLOYEE PROTECTIONS
8/9/17
By: Melissa M. Whitehead
Effective July 1, 2017, new regulations went into place to protect transgender employees (Cal. Code Regs. §§ 11030-11034). The new regulations are intended to provide “enhanced clarity” and also lists specific types of prohibited conduct and/or …