HOW FAR CAN AN EMPLOYER GO IN USING APPLICANTS’ AND EMPLOYEES’ CRIMINAL HISTORY?
8/7/17
By: Rebecca J. Smith
California has not banned an employer’s ability to use the criminal history of an applicant or employee in making an employment decision adverse to the individual, however additional hurdles have been put into place for employers …
A “Day of Rest” Clarified in California
5/25/17
By: Matthew Jones
Over the years there has been uncertainty regarding California Labor Code’s regulations regarding a day of rest. The applicable Labor Code sections are 552, which prohibits an employer from “caus[ing] [its] employees to work more than six …
Breaking News – Puzder Withdraws from Consideration to be Secretary of Labor
2/15/17
By: Paul H. Derrick
Andy Puzder, President Trump’s nominee for Secretary of Labor, has withdrawn his name from consideration after being plagued by criticism since his nomination. Union leaders and prominent Democrats have been among his staunchest critics. Puzder’s decision …
San Francisco’s Paid Parental Leave Law
1/9/17
By: Julie Marquis
Effective January 1, 2017, the Paid Parental Leave Ordinance (“PPLO”) requires San Francisco businesses provide supplemental compensation to employees who use California Paid Family Leave (“PFL”) benefits for bonding following the birth or adoption of a child. …
Be on the Lookout for Minimum Wage Increases in 2017
12/20/16
By: Brad Adler and Agne Krutules
As we enter into 2017, employers should remember that, while the federal minimum wage remains at $7.25, many state and local jurisdictions have passed legislation that will increase their respective minimum wage in 2017.…
New I-9 Form Takes Effect Next Year
12/1/16
By: Agne Krutules
U.S. Citizenship and Immigration Services (USCIS) published a revised version of Form I-9, Employment Eligibility Verification. The revision process commenced over a year ago, with the main goal to strengthen the security and integrity of the I-9 …
ADA Website Compliance: More Than Just a Good Idea
11/16/16
By: Paul H. Derrick
Since its passage in 1990, the Americans with Disabilities Act (ADA) has become nearly ubiquitous, perhaps best known for its applicability to workplaces, wheelchair access, and service animals. Surprisingly few people, however, are aware that the …
Amendments to Labor Code Section 226 Clarify Itemized Wage Statement Requirements Welcome Relief to California’s High Tech Industry and Other Responsible Employers
10/14/16
On July 22, 2016, Governor Brown approved Assembly Bill 2535 (AB 2535) to amend California Labor Code section 226. The amendment incorporates a much-needed clarification regarding the statute’s current requirement that an employer include hours worked on itemized wage …
California Supreme Court Provides Cautionary Message to Employers Regarding Arbitration Agreements – Act Now to Narrowly Tailor Your Class Waiver Language!
9/2/16
By: Dennis Strazulo and Kacie Manisco
It is now well-established that class-action waivers contained in employment arbitration agreements are valid and enforceable in California. But who decides whether class-action claims can be arbitrated when an agreement is silent on the …
Accommodating the Non-Disabled Under California Disability Law
9/2/16
By: Lisa Gorman
In Castro-Ramirez v. Dependable Highway Express, Inc., Plaintiff’s son needed a kidney transplant and required daily home dialysis treatments. Plaintiff was the only person in his household who knew how to operate the dialysis machine. Plaintiff’s son …
Amendment to Labor Code Section 226 Itemized Wage Statement Requirements Provides Welcome Relief – and some hope – to California’s High Tech Industry
8/22/16
By: Dennis Strazulo
On July 22, 2016, Governor Brown approved Assembly Bill 2535 (AB 2535) to amend California Labor Code section 226. The amendment provides much-needed narrowing of the statute’s current requirement that an employer include hours worked on itemized …
San Francisco Mandates Paid Parental Leave
4/28/16
By: Kacie Manisco
The United States is the only developed country in the world that does not provide paid parental leave. In addition, unless an employer is covered under the Family Medical Leave Act (“FMLA”) or the California Family Rights …