Local Minimum Wage Rates Can Affect Split Shift Calculations Some employers, particularly in the restaurant industry, schedule their employees to work a “split shift,” i.e., two distinct work periods in the same workday separated by more than a one-hour meal break. For example: a waiter who works the 10:00 a.m. to 1:00 p.m. breakfast/lunch shift […]
California minimum wage will increase to $12.00 per hour on January 1, 2019 for employers with 26 or more employees and $11.00 for smaller employers with 25 employees or less. Those rates will continue to increase annually until reaching $15 per hour in 2022 for larger employers and in 2023 for those with 25 or […]
California Expands Sexual Harassment and Violence Legal Protections A claim for sexual harassment exists under section 51.9 of the Civil Code against someone who is in a “business, service or professional relationship” with the harassment victim. This section enumerates various professions subject to such a claim including attorneys, persons with a master’s degree in social […]
Sexual Harassment Prevention Training Now Required for Nearly All California Businesses and Each Employee The #MeToo movement has spurred the California Legislature to significantly expand mandatory sexual harassment prevention training to all employers with five or more on payroll, including seasonal and temporary workers. Companies now must train supervisors and subordinate workers alike. Previously, only […]
COPY THAT California employers must provide employees with accurate, itemized written wage statements semi-(twice)-monthly or at the time or each payment of wages. Those statements must contain exact, detailed pay-related information, such as the employee’s identity, hours worked, and gross and net wages earned. Labor Code 226(a). See, Ignore at Your Own Peril (February, 2018). […]
Employers May be Liable For Unpaid Wages to Subcontractor’s Workers Section 218.7 of the Labor Code, effective January 1, 2018, made contractors responsible for wage and benefit payments to employees of subcontractors who fail to make those payments. It permitted a contractor to require proof of wage and benefit payments from subcontractors and to withhold […]
California employers must make reasonable efforts to provide their lactating employees with the use of a room or location – other than a toilet stall – in close proximity to the employee’s work area for the employee to express breast milk in private. Effective January 1, 2019, amended California Labor Code section 1031 will […]
New, Simpler Certification Form for Disability Leave, Transfer and Other Reasonable Accommodation The California Fair Employment and Housing Act (FEHA) requires employers with five or more on payroll to provide pregnancy disability leave, transfer and/or other reasonable accommodation due to pregnancy, childbirth, or a related medical condition. A woman is “disabled by pregnancy” if her […]
EEOC Signals Wide Discrimination Protection for the Emotionally Disabled Contending employers must walk an extra mile to accommodate emotionally troubled workers, the Equal Employment Opportunity Commission (EEOC) has announced settlement of its disability discrimination lawsuit against Triton Management Services, LLC (Triton). See also, San Diego Tribune, October 10, 2018. In March 2016, while out-of-state, Triton’s […]
SILENCE IS NOT FOR SALE Hush Money for Sexual Harassment, Assault and Retaliation Now Prohibited in California Effective January 1, 2019 In response to the #MeToo and #WeSaidEnough movements and effective January 1, 2019, California Code of Civil Procedure (CCP) 1001 bans settlement agreements prohibiting public disclosure of “factual information” related to any civil lawsuit […]