Beginning January 1, 2013, amendments to California Labor Code 1198.5 significantly increased employer obligations and a worker’s rights to access and obtain copies of his or her personnel records. While the statute continues to confirm that every employee “has the right to inspect the personnel records that the employer maintains relating to the employee’s performance […]
The California Legislature has made an important change, effective January 1, 2013, eliminating some of the ability of businesses to negotiate wage arrangements with hourly workers. In February, 2011, we summarized the Court of Appeal decision in Arechiga v. Dolores 192 California Appellate Reports, 4th Series (Cal.App.4th) 567 (2011). See, “Written Salary Agreements and Overtime.” […]
Effective January 1, 2013, a new California law, Civil Code section 52.6, requires specified businesses and other establishments to conspicuously post a notice guiding the public to report suspected slavery and human trafficking. The places affected include: – Restaurants – Urgent care and emergency room facilities – Privately operated job recruitment centers – Commercial airports, […]
California Labor Code section 515.6 exempts certain licensed physicians and surgeons from overtime compensation. The criteria includes set minimum compensation. The California Department of Industrial Relations (DIR) recently increased this minimum, effective January 1, 2013. Employers will now have to pay otherwise qualified physicians and surgeons the equivalent of at least $72.70 per hour, up […]
California Labor Code section 515.5 exempts certain computer professionals from overtime compensation. The criteria includes set minimum compensation. The California Department of Industrial Relations (DIR) recently increased this minimum, effective January 1, 2013. Employers will now have to pay otherwise qualified computer software employees, a minimum $39.90 per hour, up from $38.89. The new rate […]
Definition is Particularly Important for California Employers, All Commission Wage Agreements Must Be in Writing by 2013 Effective January 1, 2013, California Labor Code 2751 directs that any employment contract that includes commission compensation must be in writing, setting forth “the method by which the commissions shall be computed and paid.” See, Employee Commissions, California […]
When Employers Need to Pay Wages Hiring students for temporary unpaid internships, while feasible, is laden with potential legal pitfalls for the unwary and uninformed. See, e.g., “The Unpaid Intern, Legal or Not,” The New York Times, April 2, 2010. Employers must pay at least minimum wage to any worker who provides any labor and […]
Over the past several months, we have been alerting our readers to important California labor laws new in 2012. Here’s a summary: California’s Wage Theft Prevention Act; Employers Must Supply an Additional Detailed Written Notice to Most New Hires: In addition to existing written notification requirements (including rights to equal employment opportunity, minimum wage and […]
How Far Can Employers Go to Curb Use by Employees? An employer’s ability to legitimately discipline or terminate workers who use Facebook, Twitter and other social media to tee-off on allegedly improper work conditions or practices is likely to remain a hotly contested issue for years to come. The National Labor Relations Board (NLRB) is […]
U.S. Supreme Court Rules Ministers May Not Sue The U.S. Supreme Court has issued its first decision on the “ministerial exception” to workplace discrimination laws, Hosanna-Tabor Evangelical Lutheran Church & School v. Equal Employment Opportunity Commission (January 11, 2012). In a unanimous ruling, the Court found that while certain laws authorize workers to sue their […]