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CAUTIONARY TALES EPISODE 13

Builders are on the Line When Subcontractors Underpay Employees The latest installment of California’s “wage theft” campaign targets the construction industry. On July 9, 2018, Labor Commissioner Julie Su announced citations against TB Penick & Sons, Inc. (Penick), a San Diego general contractor and its subcontractor Champion Construction, Inc. (Champion), a drywall and framing contractor…

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COOL IT

Summer is Here – Are Your Outdoor Workers Protected from Heat Illness? Summer is upon us, time for seasonal measures to protect workers from heat illness. California’s Occupational Safety & Health Standards Board (OSHSB) 2015 regulations set the standards. See, New Heat Illness Prevention Measures Now in Place (May, 2015); Employers Must Chill (April 11,…

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CAUTIONARY TALES EPISODE 12

646,000 Reasons to Pay Final Wages on Time Continuing her “Wage Theft is a Crime” crusade against employers who fail to pay workers all compensation in a timely fashion, the Labor Commissioner announced citations against Vista Santa Rosa, Inc., a San Bernardino farm labor contractor, and seven of its client employers, who failed to give…

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OH NO YOU DIDN’T!

What to Do When an Employee Refuses to Sign a Disciplinary Notice Businesses must discipline their employees fairly and consistently in accordance with company policy. An employer should keep proper records of poor performance and misconduct in the worker’s personnel file, including text messages, emails, and formal warnings, along with documentation of the employer’s attempt…

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CAUTIONARY TALES EPISODE 11

Cheesecake Factory and Its Janitorial Contractors Assessed $4.57 Million for “Wage Theft” The state Labor Commissioner has assessed Cheesecake Factory Restaurants, Inc. and two contractors hired for janitorial services some $4.57 million for underpayment of minimum wage and overtime to 559 janitorial workers at eight Southern California locations. The decision is a significant caution to…

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GIVE ME A BREAK!

Time Off for Fire Fighting, Crime Victims, Drug Rehab, School Visits, and More Most California employers are aware that state and federal law allows eligible employees to take time off for family and medical leave, parental leave, pregnancy disability leave, paid sick leave, and jury duty. California employers may not be as familiar with other…

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CAUTIONARY TALES EPISODE 10

$10 Million in Citations Against Seven Restaurants For Wage Violations On June 7, 2018, the California Labor Commissioner announced citations totaling $10 million against seven San Francisco bay area restaurants that failed to pay proper wages to a total of 431 workers. Citations against Kome Japanese Seafood & Buffet in Daly City exceeded $5.16 million…

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MID-YEAR CHANGES

Many New Minimum Wage Rate Increases Effective July 1, 2018 California minimum wage currently is $11.00 per hour for employers with 26 or more employees and $10.50 for employers that employ 25 or fewer. Annual increases will continue each January 1 until they reach $15.00 per hour in 2022 for larger employers and in 2023…

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NO TAKE BACKS

Employers’ Hands are Tied When Recouping Overpayments or Collecting on Loans The payroll department discovers it accidentally overpaid an employee by $500. May it simply deduct that extra amount from the employee’s next pay check? After all, it’s the employer’s money and the employee never earned it. Surprisingly, the answer is no, according to the…

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“EPIC” RULING FOR EMPLOYERS

Class Action Waivers Upheld in Employment Arbitration Agreements In a rare victory for employers, the U.S. Supreme Court recently ruled that companies may require workers, as a condition of employment, to sign arbitration agreements that waive the right to participate in workplace-related class action claims. Epic System Corp. v. Lewis. An arbitration agreement is a…

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