If you are a restaurant that charges a mandatory 18% service charge on large parties…or if you charge a mandatory $15 corkage fee for opening a customer’s bottle of wine…or a $3 per slice fee for cutting a customer’s birthday cake…you may want to reconsider this practice. Why? Because starting on January 1, 2014, IRS… Read More
HR & Employment Law Blog
California’s New LLC Law — Big Changes Coming on January 1, 2014
On January 1, 2014, the current LLC law in California (known as “the Beverly-Killea Limited Liability Company Act”) will be repealed and superseded by a new LLC law (known as the “Revised Uniform Limited Liability Company Act,” or “RULLCA”). Although the new RULLCA law does not require existing LLCs to file any new documents with… Read More
Cal Chamber of Commerce Publishes List of New 2014 Employment Laws
Yesterday, the California Chamber of Commerce published its annual comprehensive list of new employment laws that will impact California businesses on January 1, 2014 (if not earlier). I’ve written about many of these new laws here in this blog as they were passed by the Legislature and signed by the Governor. However, the Chamber of… Read More
CA Supreme Court Reverses Prior Decision in Sonic Calabasas v. Moreno
On October 17, 2013, the CA Supreme Court overturned its February 2011 decision in Sonic Calabasas v. Moreno (“Sonic I”). Unfortunately, however, the dense, scholarly, 73-page opinion — known as Sonic Calabasas v. Moreno II (“Sonic II”) — gives little clarity to California employers trying to craft defensible, enforceable arbitration agreements. Background In the original Sonic… Read More
Labor Commissioner Issues $481,813 Citation Against Alameda Restaurant
This should get the attention of every entrepreneur and small business owner in California — Last week, the California Labor Commissioner Julie Su issued citations totaling $481,813 against the owners of Toomie’s Thai Cuisine in Alameda. The citations consisted mostly of civil fines, penalties, and wages owed to 13 employees for minimum wage, overtime, and… Read More
The Affordable Care Act is Good for Small Business
In the October 14, 2013 edition of The New Yorker, author James Surowiecki argues that the Affordable Care Act, which is often referred to as “Obamacare,” will have “enormous” benefits for entrepreneurs and small businesses. You can find the article here. One benefit, according to Mr. Surowiecki, is that employees will no longer face “job… Read More
Governor Brown Signs More Employment-Related Bills
Yesterday, Governor Brown signed several more bills that further expand employee rights in California: AB 218 — Existing California law prohibits both public and private employers from asking an applicant to disclose, either verbally or in writing, any information about a prior arrest or detention that did not result in a conviction. This new law,… Read More
SF Supervisors Pass “Family Friendly Workplace Ordinance”
The San Francisco Board of Supervisors today passed a “Family Friendly Workplace Ordinance.” This new ordinance, which would apply to San Francisco businesses with 20 or more employees, grants employees with 6 or more months’ of employment who work at least 8 hours a week the right to request flexible work schedules or other workplace changes… Read More
Governor Brown Signs Domestic Worker Bill of Rights (AB 241)
Governor Jerry Brown recently signed AB 241, also known as the “Domestic Worker Bill of Rights.” Under this new law, California workers in many household occupations will be entitled to overtime pay (at the rate of 1.5 times their regular rate of pay) for all hours worked in excess of 9 hours per day or… Read More
Governor Brown Signs AB 10 Raising California Minimum Wage
Yesterday, California Governor Jerry Brown signed Assembly Bill 10 (AB 10) which raises the state’s minimum wage to $9.00/hour on July 1, 2014 and then to $10.00/hour on January 1, 2016. Unless some other state raises its minimum wage in the interim, the Governor’s signing of AB 10 gives California the highest state minimum wage… Read More