Blog
WHAT’S NEW IN 2022
GRAND THEFT WAGES
California has long regarded intentional employer failure to pay wages and tips as a misdemeanor, with civil penalties and remedies for their recovery. Labor Code sections 215 and 216. Effective January 1, 2022, prosecutors will have the discretion to bring felony charges for such violations under certain conditions.
WHAT’S NEW IN 2022
BAG-HOLDING INSURANCE
A.B. 1701, effective January 1, 2018, made “direct contractors” liable for all wages and benefits that any subcontractor at any level on a job fails to pay its workers, plus accrued interest. The resulting law, Labor Code 218.7, applies to any California contractor having a direct contract with an owner “for the erection, construction, alteration, or repair of a building, structure, or other private work.”
HANDLE WITH CARE
California regulates the wages and hours of workers through a series of “Wage Orders.” Wage Order 15 (WO 15) covers employees engaged in so-called “household occupations,” including “personal attendants.”
KEEP IT CURRENT
California law requires employers with five or more on payroll to provide sexual harassment prevention and resolution training to all managers and employees every other year. We offer an interactive live webinar as a superior alternative to impersonal point-and-click online training.
CAUTIONARY TALE EPISODE 46
PAY BACK ON RETRIBUTION
For the relative ease in proving wrongdoing, unlawful retaliation against an employee for having complained of improper workplace conduct or conditions continues as the “go-to” accusation of choice against employers.
CAUTIONARY TALE EPISODE 45
OLD BOY KILL-JOY
The U.S. Equal Employment Opportunity Commission (EEOC) enforces federal laws prohibiting sexual harassment and retaliation.
BIDDING FAREWELL NOT UNFONDLY
Little can rank above an individual’s pride in her or his livelihood. No matter how much a failing, insubordinate worker might deserve it, it is thus imperative that management handle a termination free of any urge to finger-point or otherwise antagonize.
THE RIGHT TO FIGHT
Employment arbitration, preserved and promoted by the Federal Arbitration Act (FAA), is often used as a contractual alternative to court actions.
ALL IS NOT LOST
California’s Private Attorney General Act (PAGA) continues as a weapon of choice against employers, permitting a single worker to seek Labor Code penalties on behalf of a company’s entire payroll.
NAILING GOODBYE
Employee termination is usually a delicate task. Mishandled firings can lead to a nightmare of costly and time-consuming accusations. Yet keeping failing employees out of fear of lawsuits can destroy workplace production and morale.