Vigilant Blog

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

Showing posts for: California

Photo of Diane Buisman
Apr 16 2020
COVID-19Leave Laws  

CALIFORNIA: San Jose expands paid sick leave

San Jose Mayor Sam Liccardo has signed a paid sick leave ordinance, impacting employers who aren’t required to comply with the federal Families First Coronavirus Response Act (FFCRA). The ordinance took effect on April 7, 2020. As we previously reported, the FFCRA requires employers with fewer than 500 employees to provide up to…

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Photo of Karen Davis
Apr 09 2020
COVID-19Leave Laws  

Extended school closures mean more leave requests

As school closures due to COVID-19 (coronavirus) are being extended, employers will likely see more leave requests from workers. Officials in Arizona, California, Oregon, and Washington have closed in-person instruction through the end of the school year. In Idaho, schools are closed through the end of the school year but…

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Photo of Karen Davis
Apr 09 2020
COVID-19Leave LawsSafety and Health  

CALIFORNIA: Los Angeles requires paid sick leave and face coverings

Los Angeles mayor Eric Garcetti has signed a paid sick leave ordinance affecting businesses with more than 500 employees and has issued a directive for certain retail businesses to provide cloth face coverings to their workers. Ordinance 186590 requires employers with over 500 employees nationally to provide 80 hours of supplemental…

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Photo of April Uzzardo
Apr 03 2020
COVID-19Wage and Hour  

CALIFORNIA: Call-in scheduling triggers reporting time pay

The U.S. Ninth Circuit Court of Appeals recently ruled that California’s reporting time pay requirements extend to employees scheduled for “call-in” shifts even if they aren’t required to physically report to work. Workers at a retail store were required to call their manager 30 to 60 minutes before a scheduled shift to see if the store…

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Photo of April Uzzardo
Mar 27 2020
COVID-19  

CALIFORNIA: Guidance issued on partial suspension of Cal-WARN notice

Guidance is now available from the Labor & Workforce Development Agency on Governor Gavin Newsom’s temporary suspension of certain employer obligations under the California Worker Adjustment and Retraining Notification Act (Cal-WARN Act) if employers need to close or downsize suddenly due to the COVID-19 (coronavirus) situation. As we previously reported, the governor…

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Photo of Sean Brown
Jul 16 2019
Wage and Hour  

California employers must pay, even for brief periods of work

Nonexempt employees must be paid for all time worked under California’s Labor Code, even very brief periods of work, according to a recent opinion from the Ninth Circuit Court of Appeals. In general, nonexempt employees (often called hourly employees) must be paid for all time spent performing work, but federal law…

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Photo of Jodi Slavik
Jun 21 2019
Wage and Hour  

$102M awarded for wage statement and meal violations in California

A federal district court in California recently awarded Wal-Mart employees $102 million in damages and penalties for missed meals and insufficient wage statements. The class action claim was divided into three parts: missed meals, wage statements missing hourly rates, and final pay statements without pay period start and end dates.…

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Photo of April Uzzardo
May 06 2019
Harassment & DiscriminationTermination & Resignation  

Termination was for threats, not age discrimination

A drug store pharmacist who had been employed by a company for 34 years was terminated for threatening to use a gun at work, not because of his age or for reporting discrepancies in the store’s drug inventory, ruled a federal district court in California. A coworker reported to HR that the…

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Photo of Karen Davis
Jul 03 2018
Wage and Hour  

Penalty for missed rest periods in California includes all compensation

A federal district court in California has ruled that when calculating the additional one hour of pay at the regular rate for missed rest periods under California Labor Code 226.7, an employer must include not only base pay, but also commissions, incentives, and bonuses. A group of 4,481 home mortgage…

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Photo of Karen Davis
May 29 2018
Harassment & DiscriminationWage and Hour  

Brace for impact of pay equity laws

With Starbucks’ recent announcement that the company has achieved 100 percent pay equity by race and gender for U.S. workers performing similar jobs, most employers are left wondering how Starbucks got there—and how they can get there, too. The topic of equal pay continues to make headlines, and California, Oregon, and Washington are at the…

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