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 […]
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 […]
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 […]
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 […]
Hold the Line on Over-the-Top Halloween Costumes All Hallows’ Eve. That spooky time of year when witches, vampires and zombies roam the land. From management’s perspective, however, the scariest Halloween costumes are those which are too revealing or are otherwise offensive to others in the workplace. For example, earlier this year a lingerie website began […]
Political Speech and the Workplace California employers must not discriminate against workers based on political activities, affiliations or speech. Particularly during an election season, employers should re-familiarize themselves with these laws: California Labor Code section 1101 bans employers from making, adopting or enforcing any rules or policies that: (i) forbid or prevent employees from engaging […]
EEOC Sues California Grocery Store for Disability Discrimination On September 28, 2018 the Equal Employment Opportunity Commission (EEOC) announced it has filed a law suit against Central California grocery store, PAQ, Inc. dba Rancho San Miguel Market for alleged violations of the federal Americans with Disabilities Act (ADA). The agency contends that in 2016, a […]