Required Injury and Illness Recordkeeping and Posting in California California law requires most employers who have had more than 10 employees on payroll during the last calendar year to keep illness and injury records for each worksite. Covered employers must also conspicuously post at each worksite an annual accident and injury summary for the prior […]
The California Fair Employment and Housing Act (FEHA) requires employers with five or more on payroll to engage in an “interactive process” with a worker requesting disability-related accommodation. The employer must have timely, good faith and ongoing discussions to explore if and how to reasonably accommodate the physically or mentally disabled worker’s ability to perform the essential functions of his or her job. Failure to do so can be a costly error.
Unpaid Wages and Attempt to Evade Consequences Result in Seizure of Owners’ Assets Continuing to target restaurants and other industries under its Wage Theft Is a Crime program, the Division of Labor Standards Enforcement (DLSE) has taken action against the Mango Gardens restaurant chain. In 2015 following a referral from Asian Americans Advancing Justice-Asian Law […]
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 […]
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 […]
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). […]