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Jul 03 2018
CaliforniaWage 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 consultants filed a class action…

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May 29 2018
CaliforniaHarassment & DiscriminationOregon

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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May 11 2018
CaliforniaWage and Hour

California employers can’t rely on federal law to pay OT on flat bonus

The California Supreme Court has rejected federal law on overtime calculations for flat sum bonuses, ruling that state law requires a more worker-friendly calculation. An employer offered a flat bonus of $15 per day of weekend work for employees who worked a full shift on a Saturday or Sunday. Because a flat bonus effectively increases…

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Mar 13 2018
CaliforniaTermination & 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. The employer provided…

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Oct 19 2017
CaliforniaHarassment & DiscriminationHiring

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 applicants about salary history…

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Aug 24 2017
CaliforniaHarassment & 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 (FEHA). The employee…

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Aug 17 2017
CaliforniaWage 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 since 1949. The older…

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Dec 22 2016
CaliforniaHarassment & Discrimination

New California law mandates gender-neutral single-user bathrooms

These bathrooms will need to display the proper signage. This law applies to all businesses and places of public accommodation. Inspectors, building officials, and other local officials with code enforcement responsibilities will have the authority to inspect for compliance. Vigilant members in California who provide single-user bathrooms to employees or the public should review the…

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Nov 03 2016
CaliforniaWage 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 gender, race, or…

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Jun 24 2016
CaliforniaDisability

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. The employee, originally a cut-and-die operator at a corrugated container plant, was placed…

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Apr 18 2016
CaliforniaHarassment & 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 covers: Interviews: As an employer,…

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Oct 15 2015
CaliforniaHarassment & DiscriminationLabor Relations

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. Unless otherwise indicated, these bills take effect on January 1, 2016. SB 358: The California Fair Pay Act dramatically expands the ability of workers to sue for sex discrimination in payment of wages….

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