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 […]
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 […]
THAI RESTAURANTS BARBEQUED Three Southern California Outlets and Owners Must Pay Workers Over $1,000,000 for Wage Theft On October 3, 2018, the Labor Commissioner’s Office announced that it has cited Sanamluang Café in North Hollywood, Orchid Thai Cuisine in Arcadia, and Orchid Thai in Baldwin Park, a total of $1,065,646 for wage theft violations. The […]
Radically New Dynamex Test Only Applies to Certain Employee Classification Cases This past spring, the California Supreme Court inexplicably tossed out its decades-old “multi-factor” independent contractor test in favor of a far more stringent three-part “ABC” test. (Dynamex Operations West, Inc. v. Superior Court). See, Independent Contractor Status in California Now Falls Under Radically Different […]
Partner Cindy Bamforth Advises Conference for Work Experience Educators The California Association of Work Experience Educators (CAWEE) is a state-wide professional association that since 1965 has been providing training and education on child labor laws and employment laws compliance, helping their members in turn to prepare their students for life within the workforce. On October […]
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 […]