California employers sometimes try to avoid the employee-friendly rules embedded in California law by inserting choice of law clauses into employment contracts. These clauses stipulate that, in the event of a dispute between the employer and employee, the laws of the State of Texas (or some other employer-friendly state) shall govern the dispute. In addition,… Read More
HR & Employment Law Blog
Los Angeles Raises Its Minimum Wage to $15/Hour
On Saturday, June 13, 2015, Los Angeles Mayor Eric Garcetti signed into law a measure that would gradually increase the city’s minimum wage to $15/hour. Under this new law, in July 2016 the minimum wage in Los Angeles will increase to $10.50. Each year thereafter, the minimum wage in Los Angeles will further increase to… Read More
U.S. Supreme Court Clarifies Standard for Proving Religious Discrimination
On June 1, 2015 the U.S. Supreme Court ruled in EEOC v. Abercrombie & Fitch that, for an employee to successfully prove a religious discrimination case, that employee need only prove that his/her need for an accommodation was a “motivating factor” in the employe’s adverse employment decision. There is no requirement that the employee prove… Read More
CA Supreme Court Clarifies When Defendants Can Get Fees and Costs Awarded in FEHA Actions
On May 4, 2015, the California Supreme Court ruled in Williams v. Chino Valley Independent Fire District that a successful defendant in a FEHA case can get awarded its attorneys’ fees and costs only when “the plaintiff brought or continued litigating the action without an objective basis for believing it had potential merit.” In other… Read More
U.S. Supreme Court Rules in Favor of Pregnant Employees
Earlier today, the U.S. Supreme Court ruled in favor of a pregnant woman on her claim that her employer discriminated against her on account of her pregnancy. The case, entitled Young v. United Parcel Service, Inc., involved a pregnant UPS worker whose doctor recommended that she not life heavy objects while pregnant. When the employee requested… Read More
Court Invalidates Wage Order Meal Period Waiver Rules for Healthcare Employees
Wage Orders 4 and 5 have long permitted employees in the “healthcare industry” who work longer than 8 hours in a day to voluntarily waive one of their two meal periods. However, on February 10, 2015, California’s Fourth Circuit Court of Appeal ruled in Gerard v. Orange Coast Memorial Medical Center that these provisions of… Read More
San Francisco’s “Retail Workers Bill of Rights” Becomes Law
On November 25, 2004, San Francisco’s Board of Supervisors unanimously passed a first-in-the-nation “Retail Workers Bill of Rights.” This new legislation requires “formula retail” employers (chain stores with at least 20 outlets worldwide) who have 20 or more employees in San Francisco to provide the following job protections: 1. “Good faith” written estimate of work… Read More
New IRS Mileage Rates for 2015
Beginning January 1, 2015, the new standard IRS mileage rates are: $0.575/mile for business miles driven; $0.23/mile for medical or moving purposes; and $0.14/mile for service to charitable organizations. Employers that use the standard IRS rates for employee reimbursement purposes should review and adjust their expense reimbursement policies to be consistent with these new guidelines…. Read More
Labor Commissioner Posts New “Wage Theft Notice” and Template Poster for AB 1522 Compliance
With AB 1522 (California’s new Paid Sick Leave Law) set to become law on January 1, 2015, the Labor Commissioner has posted two new items that should be of interest to California employers. The first is an updated “Wage Theft Prevention Act” notice, which is required to be given to all new non-exempt hires at the… Read More
SF and Oakland Pass Laws Raising the Minimum Wage
The California statewide minimum wage is currently $9.00 per hour. It will increase to $10.00 per hour on January 1, 2016 as a result of the passage of AB 10, which I blogged about here. But local jurisdictions are always free to set higher minimum wages, and that is exactly what voters in both Oakland… Read More