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Showing posts for: California

Feb 11 2015
CaliforniaQ&AWage and Hour

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

A: No, paying for a missed rest period is not enough. If an employee misses a rest period he or she is entitled to one hour of additional pay at their regular rate, payable in the next paycheck. If an employee is not paid this hour of pay by the next paycheck, then penalties may…

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Jan 27 2015
CaliforniaHiringLeave Laws

CALIFORNIA: Two options available for paid sick leave compliance

The new paid sick leave law in California, AB 1522, is on employers’ minds as we begin 2015. There are two ways to comply with the law, and you have until July 1, 2015, to determine which fits your company the best: 1. Accrual Method: Employers provide paid sick leave that employees accrue at the…

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Jan 27 2015
CaliforniaDisabilityLeave Laws

CALIFORNIA: Indefinite leave of absence is not required under FEHA

A federal district court recently ruled that a California employer wasn’t required to grant indefinite leave for an individual with a disability. Over the course of a year and a half, a sales clerk who injured her foot at work was provided with multiple accommodations consistent with the doctor’s restrictions, including a leave of absence,…

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Dec 19 2014
California

CALIFORNIA: Jury awards $185M for sex and pregnancy discrimination

A record-setting verdict for $185 million in punitive damages and $872,000 in compensatory damages has been awarded by a jury after finding that the employer had allowed sex discrimination to permeate the company. The jury heard the case in federal court and agreed that the female employee was treated less favorably than her male colleagues,…

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Dec 03 2014
CaliforniaLeave LawsQ&A

Choose the FMLA leave year wisely or you could be allowing double usage

A: Yes, if the employer is using the calendar or fixed year method of tracking leave under the Family and Medical Leave Act (FMLA). The calendar method uses January 1 through December 31 as the basis for the 12-month period, while a fixed leave year uses any fixed 12-month period (e.g. an employee’s anniversary date)….

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Nov 10 2014
CaliforniaLeave LawsQ&A

How does California’s new sick leave law impact PTO policies?

A: Possibly, although you’ll likely need to make some changes. California recently became the second state in the country to require employers to provide paid sick leave (AB 1522), and many companies are left wondering whether their paid time off (PTO) policy will comply with the new law. The answer depends on the PTO policy;…

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Oct 10 2014
CaliforniaEmployee BenefitsWage and Hour

CALIFORNIA: Governor signs more 2014 legislation

California Governor Jerry Brown recently signed more bills into law from the 2013-2014 regular legislative session. Here is a summary of the employment-related bills that have the greatest impact on employers. Unless otherwise indicated, they take effect on January 1, 2015. Remember that as with most laws, there are often exceptions to the rules, which…

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Oct 07 2014
California

CALIFORNIA: New workplace bullying training required

Starting January 1, 2015, employers in California with 50 or more employees must include training on preventing “abusive conduct” as part of the currently required sexual harassment training for supervisors. Abusive conduct under AB 2053 is defined as “conduct of an employer or employee in the workplace, with malice, that a reasonable person would find…

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Oct 06 2014
CaliforniaWage and Hour

CALIFORNIA: Reimbursement for Business Use of Personal Phones is a Must

Under California Labor Code 2802, employers must reimburse employees for all necessary  expenses incurred in their work duties. When the employees filed a class action lawsuit to enforce this labor code, the employer argued that many employees didn’t incur extra expenses to use their personal phones for work because they have unlimited-use phone plans. Essentially,…

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Sep 16 2014
CaliforniaLeave Laws

CALIFORNIA: California adopts mandatory paid sick leave

On September 10, Governor Brown signed into law the “Healthy Workplaces, Healthy Families Act of 2014,” (AB 1522) granting paid sick leave to virtually all employees in the state. The new law will take effect on July 1, 2015. The law provides that every person working at least 30 days in a year qualifies for…

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Sep 08 2014
CaliforniaWage and Hour

CALIFORNIA: Piece rate compensation systems under more attacks in California

Discussions with wage and hour enforcers indicate that paying for rest periods under a piece rate compensation system in California is even more complicated than we previously believed. As we reported in our November 21, 2013, newsletter, a California appeals court certified a class action claim that an employer who paid employees by piece rate…

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Sep 02 2014
CaliforniaWage and Hour

CALIFORNIA: San Diego to require paid sick leave and raise minimum wage

The San Diego City Council overrode the mayor’s veto on August 18, 2014, to pass an ordinance that will require employers in the City to offer paid sick leave and pay minimum wages at a new scale. Employers of all sizes are affected (Earned Sick Leave and Minimum Wage Ordinance 20390). Earned sick leave Employers…

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