Archive for the ‘Employment Law’ Category
CALIFORNIA VERSUS THE FEDS
California Law Restricts Employer Cooperation with Immigration Agents California’s Immigrant Worker Protection Act, AB 450 (the Act), went into effect on January 1, 2018. It creates numerous restrictions to prevent an employer’s voluntary cooperation with worksite immigration inspections. Pursuant to the Act, Government Codes 7285.1 and 7285.2 prohibit employers from voluntarily allowing access to non-public […]
PAPERLESS PAYSTUBS
Do They Comply with California Wage Statement Laws? As the corporate world heads towards paperless offices, more employers may wish to remit pay stubs electronically without running afoul of applicable law. California Labor Code section 226(a) requires employers to furnish wage statements “in writing” and itemized deductions to be recorded “in ink or other indelible […]
INDEPENDENT CONTRACTOR OR EMPLOYEE?
It’s Not Really A Matter of Choice State and federal laws provide detailed standards a business must closely examine for who it can rightfully classify as an independent contractor and who needs to be an employee. Yet, it is not uncommon for enterprises and those they hire to just skip all that and – with […]
IGNORE AT YOUR OWN PERIL
Overlooked Pay Stub Requirements Can Lead to Trouble California law requires employers to provide written itemized wage statements containing precise, detailed pay-related information every pay period. Penalties for failure to comply with these pay stub requirements entitles each worker to recover at least $50 for the first violation and a minimum $100 for each subsequent […]
BOWLES LAW IN THE NEWS
Partner Cindy Bamforth Featured on KPCC’s “The Frame” Cindy was recently honored by host John Horn to speak on KPCC NPR’s “The Frame” on identifying and preventing sexual harassment in the workplace. This invitation came on the heels of her participation in the Women in Film’s panel discussing sexual harassment in Hollywood. Produced by Southern […]
CUPID’S ARROWS ARE FLYING
How to Regulate Workplace Romances With sexual harassment allegations surfacing daily in the media, it’s not surprising that coworkers may be more hesitant to date each other. In the 2018 CareerBuilder’s Annual Valentine’s Day survey, only 36% percent of workers reported having dated a coworker, a 10-year low. Regardless, office romances remain a fact of […]
CAUTIONARY TALES EPISODE EIGHT
BUSTED Adult Care Facilities Must Pay Minimum Wage and Overtime or Face Expensive Consequences California’s Labor Commissioner continues her pursuit of businesses that fail to comply with wage and hour laws. In a January 9, 2018 News Release, she announced citations of $7,137,036 against Adat Shalom Board & Care, Inc., which operates six residential board […]
EMPLOYERS MUST LET GO
Employees are Free to Leave Work Premises During Paid Rest Breaks According to California’s Division of Labor Standards Enforcement, employees are entitled to a “net” ten-minute paid rest break for every four hours worked, or major fraction thereof (i.e., anything more than two hours of work). “Net” here means the rest period begins as soon […]
BANNING WEED IN THE WORKPLACE
California Employers May Maintain Drug-Free and Alcohol-Free Policies Effective January 1, 2018, California’s “Adult Use of Marijuana Act” (AUMA) (California Health and Safety Code [HSC] sections 11357-11362.9) permits adults 21 years of age or older to possess and use marijuana for recreational purposes. Fortunately, AUMA does not alter the rights of California employers to maintain […]
WHAT’S NEW FOR 2018 CONTRACTORS LIABLE FOR WAGES AND BENEFITS IF SUBCONTRACTORS DON’T PAY THEIR EMPLOYESS
Under A.B. 1701 (the Act), effective January 1, 2018, a “direct contractor” engaged in “the erection, construction, alteration, or repair of a building, structure, or other private work” becomes liable for all wages and benefits that any subcontractor at any level on that job fails to pay its workers. “Direct contractor” is defined in Civil […]