Vigilant Blog

News, trends and analysis in employment law, HR, safety & workers' comp

Showing posts for: California

Photo of Karen Davis
Mar 13 2018
Termination & ResignationWage and Hour  

No extra OT owed for bonus based on % of earnings in California

An employer’s award of a bonus based on a percentage of overtime earnings didn’t require any extra overtime payments, ruled a federal district court in California. The decision illustrates how a dispute over 12 cents can literally turn into a federal case. During one particular workweek, an employee earned $4.745 in overtime.…

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Oct 19 2017
Harassment & DiscriminationHiringImmigrationLeave LawsWage and Hour

California Governor signs a slew of new legislation in 2017

The 2017 California legislative session has drawn to a close, and Governor Jerry Brown recently signed a slew of new bills affecting private employers. Below are the major employment-related bills that affect most California employers. All of them take effect on January 1, 2018. AB 168: Bans employers from asking job…

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Aug 24 2017
Harassment & Discrimination

Objective layoff criteria fend off age discrimination claim in California

A California employer successfully defended itself against an age discrimination claim when it relied on objective reasons to implement a reduction in force (RIF). A 60-year old employee claimed that his hotel employer selected him for a RIF due to his age and that this violated California’s Fair Employment and Housing Act…

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Aug 17 2017
Wage and Hour

California Forces Employers to Grapple With Complex Pay Equity Requirements

Passed in 2015 and amended in 2016, California’s Fair Pay Act (FPA) is one of the toughest laws of its kind in the nation. California employers face much greater obligations under the FPA than ever before. The FPA is a complex law that expanded an older law that had been around…

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Dec 22 2016
Harassment & Discrimination

New California law mandates gender-neutral single-user bathrooms

Starting March 1, 2017, new legislation approved by California Governor Jerry Brown will require public single-user bathrooms to be designated as “all-gender.”

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Photo of Karen Davis
Nov 03 2016
Wage and Hour  

CALIFORNIA: Two new laws increase scrutiny of employers’ wage decisions

Governor Brown has signed two companion bills designed to improve pay equity in the workplace. The first expands California’s groundbreaking pay equity law beyond gender so it also covers race and ethnicity (SB 1063). The second forbids employers from using prior salary as the sole justification for a pay disparity based on…

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Photo of Jodi Slavik
Jun 24 2016

Telling a California employee to see doctor not enough to satisfy interactive process

Showing just how far an employer must go to satisfy California’s Fair Employment and Housing Act (FEHA), a federal district court recently refused to dismiss an employee’s claim that his employer failed to engage in a second round of disability accommodation talks.

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Apr 18 2016
Harassment & DiscriminationHiring

DFEH of California issues guidance on transgender rights

The California Department of Fair Employment and Housing (DFEH) recently issued new guidance for employers regarding transgender rights in the workplace. In order to be protected by the law, a transgender person does not need to complete any particular step in a gender transition (social or medical). The new guidance…

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Photo of Karen Davis
Oct 15 2015
Harassment & DiscriminationLabor RelationsLeave LawsSafety and HealthWage and Hour  

California Employers: More 2015 bills signed

Governor Jerry Brown has signed more bills from the 2015 California legislative session that affect employers, some of which are extremely significant.

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Feb 11 2015
Q&AWage and Hour

What is the liability under California law for failing to provide a rest period?

Q: If our company pays an employee for their 10-minute rest period, but the employee reports that he didn’t actually take a break from work, are we complying with California wage and hour laws?

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