The Expanding Meaning of “Zero Tolerance” The #MeToo movement has prompted the California Legislature to expand employer liability for harassment of employees and other specified persons effective January 1, 2019, making it far easier for workers to sue and bring their cases to trial. Release and Waiver Agreements Prohibited: Except for certain negotiated settlement agreements […]
California Labor Code section 515.6 exempts certain licensed physicians and surgeons from overtime compensation if they receive set minimum hourly compensation. Effective January 1, 2019, the California Department of Industrial Relations is increasing the minimum from $79.39 to $82.72 per hour, up from $79.39, effective January 1, 2019. To avoid California’s requirements to pay overtime premium […]
Construction Accidents Kill Two with Resulting Large Fines against the Employers Two recent Cal/OSHA cases underscore the need for effective safety measures, especially in hazardous conditions. Cal/OSHA cited two employers after an employee of each died as the result of a trench collapse. In April 2018, Bay Construction Co. was installing underground pump equipment at […]
The Internal Revenue Service (IRS) has announced its 2019 optional standard mileage reimbursement rate for employee business use of a personal vehicle, effective January 1, 2019, increasing from 54.5 cents to 58 cents. The IRS calculates the rate annually based on a study of fixed and variable automotive operating costs, including insurance, repairs, maintenance, gas […]
New 2019 Overtime Exemption Rates California Labor Code section 515.5 exempts certain computer software professionals from overtime compensation if they receive specified minimum compensation. California’s Department of Industrial Relations (DIR) has announced its rate increase for this minimum, effective January 1, 2019, to $45.41, up from $43.58. Alternatively, an otherwise qualified employee paid by salary […]
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 […]