Author Archive
DEVILS OR DETAIL
Precision Timekeeping: Best Protection Against Business Damnation
Our new year’s message to management: please focus on the fine details of workforce time and pay documentation. Like a speeding ticket to the lifetime freeway driver, it is only a matter of time before an unmindful employer gets flagged with a mass litigation suit, possibly placing millions at stake for technical Labor Code violations. Workplace Roulette – Reducing the Odds of PAGA Purgatory (December 13, 2024)
DON’T MISS THE BOAT
Workplace Policy Handbook & Forms for 2026
Clearly written policies and procedures support productivity, reduce confusion, and limit preventable employment disputes. Employers who rely on outdated forms or handbooks risk unnecessary exposure as employment laws continue to change.
CAUTIONARY TALE EPISODE 106
PAYBACKS BUTT KICKED
$586,000 Citation for Prevailing Wage Shenanigans
The federal Wage and Hour Division has cited Maryland construction company J. Solano HVAC LLC $586,000 for a payback scheme by which it paid pipefitter mechanics and sheet metal workers prevailing wage, but had them return everything over $30/hour. The company also misclassified some workers as less skilled to pay them lower prevailing wage rates.
KNOW THE BOUNDARIES
Mandatory Sexual Harassment Prevention Training
California employers face a difficult question: are employees genuinely learning from sexual harassment prevention training, or just checking a box?
Every two years, employers with five or more on payroll must provide sexual harassment prevention training to California employees (on-site or remote). Supervisors must receive at least two hours; nonsupervisory employees must receive at least one hour. New hires must complete training within six months of hire.
WHAT’S NEW IN 2026
CALIFORNIA MINIMUM WAGE RATES AS OF JANUARY, 2026
California’s minimum wage landscape continues to evolve two times each year. The statewide rate will rise to $16.90 per hour for all employers on January 1, 2026. Many cities and counties enforce local minimum wage ordinances that exceed that rate.
To keep track of interim updates, see the UC Berkeley Center for Labor Research and Education.
HO-HO-HOLD THE LINE
Holiday Cheer Without HR Fear
A company year-end holiday party celebrates wins and brings people together. It can also spark complaints or liability if treated like “anything goes.” Host it with warmth, clear expectations, and smart planning.
WHAT’S NEW IN 2026
DOESN’T HURT TO ASK (If Asked Correctly)
New “Safe Harbor” Law Permits Employers to Address Worker Bias
Effective this coming January 1, an employer will not be liable under the Fair Employment and Housing Act for in good faith seeking worker acknowledgment of personal bias as part of “bias mitigation training.” Government Code 12940.2
CAUTIONARY TALE EPISODE 105
NICE TRY, NO CIGAR
$800K-Plus Citation For Misclassifying Truckers as Independent Contractors
On Board of Field Enforcement investigation, California’s Labor Commissioner has citedCostco, Ryder Last Mile, and Mega Nice Trucking $868,128 for misclassifying truck drivers as independent contractors. Ryder subcontracts big box store deliveries, and subcontracts in turn to Mega.
WHAT’S NEW IN 2026
COMEBACK KIDS
Rehire Rights Extended for Certain Pre-Pandemic Employees
In 2021, California passed California Labor Code 2810.8, effective through 2024, requiring some hospitality and business service industries to give rehiring preference to workers laid off because of the pandemic. In 2023, the legislature extended that law through 2025.
WHAT’S NEW IN 2026
Layoff Laws Level Up
Stricter Notices, Bigger Stakes: California Updates Its WARN Act
California’s Worker Adjustment and Retraining Notification (CalWARN) Act — the state’s “mini-WARN” — expands the federal WARN Act and requires advance notice before major workforce reductions. Effective January 1, 2026, SB 617 requires employers to expand CalWARN notice content to help workers access retraining, community resources, and public benefits.