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CAUTIONARY TALE EPISODE 73
EMPLOYERS FACING PRISON TIME
Prosecutors Targeting Garment Industry for Wage Theft
Wage theft occurs when an employer pays an employee less then minimum wage, fails to pay overtime, takes workers’ tips, does not permit meal and rest breaks, or requires work off-the-clock. It can also involve paying wages late, not paying required paid sick leave, not paying timely final pay, or any other failure to pay all wages owed.
WHAT’S NEW IN 2024
WAGE THEFT PREVENTION NOTICE UPDATES
California Employers Must Increase Paid Sick Time and Sound the “State of Emergency” Alarm
California’s “Wage Theft Prevention Act” requires most employers to provide nonexempt-from- overtime employees with specified wage-related information in writing (the notification) at the time of hire and within seven calendar days after any changes to:
Employer’s full contact information;
Pay rates — including overtime rates — and their bases, whether hourly, shift, daily, weekly, salary, piece, commission, or otherwise;
Regular payday;
Workers’ compensation carrier’s full contact information; and
Paid sick leave benefits
WHAT’S NEW IN 2024
COMPUTER SOFTWARE EMPLOYEE OVERTIME EXEMPTION RATES
California Labor Code section 515.5 exempts certain computer software professionals from overtime compensation upon receipt of specified minimum compensation.
WHAT’S NEW IN 2024
RETALIATION WAKE-UP CALL
Employer Discipline, Termination May Be Presumed Illegal
SB 497, going into effect on January 1, 2024, amends Labor Code sections 98.6, 1102.5, and 1197.5 to make it easier for employees to win retaliation claims.
Wishing You a Very Happy Holiday
WHAT’S NEW IN 2024
PHYSICIANS AND SURGEONS OVERTIME EXEMPTION RATES
California Labor Code section 515.6 exempts certain licensed physicians and surgeons from overtime compensation upon receipt of specified minimum hourly compensation.
California’s Department of Industrial Relations (DIR) has announced its rate increases for this minimum, effective January 1, 2024, to $101.22, up from $97.99, reflecting the 3.3% increase in the California Consumer Price Index for Urban Wage Earners and Clerical Workers.
WHAT’S NEW IN 2024
WORKPLACE VIOLENCE PREVENTION PLAN
California Employers Must Implement Comprehensive Violence Prevention Plans and Training by July 1, 2024
Under the newly enacted Labor Code section 6401.9, California employers must establish, implement and maintain an effective workplace violence prevention plan (the Plan); training materials; and a violence incident log.
The law does not apply to employees teleworking from a location of their choosing and control; health care facilities covered under Cal/OSHA’s Violence Prevention in Health Care regulation; law enforcement agencies; correctional facilities; and locations not accessible to the public where less than 10 employees work at any given time.
WHAT’S NEW IN 2024
EXTENDED COMEBACK RIGHTS
Hospitality Workers to Receive Longer Rehire Protection
Since 2021, California has required certain hospitality and business services industries to give rehiring preference to workers laid off because of the pandemic.
FIVE-PEAT!
For the fifth year running, Law Offices of Timothy Bowles is Best of Pasadena’s best law firm. Thanks to everyone who voted and supported us. We are pleased to continue to provide experienced and trustworthy guidance to business navigating the difficulties of California employment law.