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NEW CA LABOR LAWS TIGHTER RULES ON PERSONNEL RECORDS
Beginning January 1, 2013, amendments to California Labor Code 1198.5 significantly increased employer obligations and a worker’s rights to access and obtain copies of his or her personnel records. While the statute continues to confirm that every employee “has the right to inspect the personnel records that the employer maintains relating to the employee’s performance […]
NEW CA LABOR LAWS 2013 SOCIAL MEDIA PRIVACY FOR EMPLOYEES AND JOB APPLICANTS
California Labor Code 980, effective January 1, 2013, prohibits employer access to its workers’ personal social media. The new law defines “social media” as “an electronic service or account, or electronic content, including but not limited to, videos, still photographs, blogs, video blogs, podcasts, instant and text messages, email, online services or accounts, or Internet […]
NEW CA LABOR LAWS 2013 POSTED NOTICE AND PAMPHLET REQUIREMENTS
2013 brings more changes on the notices that must be posted and the pamphlets that must be distributed in California workplaces. These include: – Pregnancy Leave and Family Leave Notices: Any California employer with five or more persons on payroll is subject to the pregnancy disability leave (PDL) law . Any California employer with 50 […]
NEW CA LABOR LAWS 2013 CALIFORNIA ALTERS THE MEANING OF WRITTEN SALARY AGREEMENTS FOR HOURLY EMPLOYEES
The California Legislature has made an important change, effective January 1, 2013, eliminating some of the ability of businesses to negotiate wage arrangements with hourly workers. In February, 2011, we summarized the Court of Appeal decision in Arechiga v. Dolores 192 California Appellate Reports, 4th Series (Cal.App.4th) 567 (2011). See, “Written Salary Agreements and Overtime.” […]
NEW LABOR LAWS 2013 SLAVERY AND HUMAN TRAFFICKING NOTICE REQUIRED FOR SOME BUSINESSES
Effective January 1, 2013, a new California law, Civil Code section 52.6, requires specified businesses and other establishments to conspicuously post a notice guiding the public to report suspected slavery and human trafficking. The places affected include: – Restaurants – Urgent care and emergency room facilities – Privately operated job recruitment centers – Commercial airports, […]
CALIFORNIA INCREASES THE MINIMUM HOURLY RATE FOR LICENSED PHYSICIANS AND SURGEONS TO QUALIFY FOR OVERTIME EXEMPTION
California Labor Code section 515.6 exempts certain licensed physicians and surgeons from overtime compensation. The criteria includes set minimum compensation. The California Department of Industrial Relations (DIR) recently increased this minimum, effective January 1, 2013. Employers will now have to pay otherwise qualified physicians and surgeons the equivalent of at least $72.70 per hour, up […]
CALIFORNIA INCREASES THE MINIMUM HOURLY PAY RATE FOR CERTAIN COMPUTER PROFESSIONALS TO QUALIFY FOR OVERTIME EXEMPTION
California Labor Code section 515.5 exempts certain computer professionals from overtime compensation. The criteria includes set minimum compensation. The California Department of Industrial Relations (DIR) recently increased this minimum, effective January 1, 2013. Employers will now have to pay otherwise qualified computer software employees, a minimum $39.90 per hour, up from $38.89. The new rate […]
WHAT IS A COMMISSION?
Definition is Particularly Important for California Employers, All Commission Wage Agreements Must Be in Writing by 2013 Effective January 1, 2013, California Labor Code 2751 directs that any employment contract that includes commission compensation must be in writing, setting forth “the method by which the commissions shall be computed and paid.” See, Employee Commissions, California […]
COMMISSIONED SALES PERSONNEL AND OVERTIME PAY
Must Employers Pay Premiums for Extra Hours Worked? California Labor Code 2751 requires that all California employee commission compensation agreements must be in writing by January 1, 2013. Whether a business already has written commission arrangements with its sales personnel, this impending deadline is incentive to ensure such arrangements are clearly stated and in compliance […]
EMPLOYEE ARBITRATION AGREEMENTS
Case Study Illustrates Drafting “Do’s” and “Don’ts” California law very strongly supports two potentially conflicting policies on the handling of employment disputes. On the one hand, employees and employers alike have rights to have their civil claims heard by a jury in a formal court proceeding. On the other, this state recognizes the rights of […]