On April 20, 2012, the Equal Employment Opportunity Commission (EEOC) ruled in Macy v. Holder that transgendered applicants and employees are protected from employment discrimination by Title VII of the Civil Rights Act of 1964. This landmark decision marks the first time that a federal court or agency has extended Title VII’s prohibition on sex discrimination… Read More
HR & Employment Law Blog
California Supreme Court Issues Long-Awaited Brinker Decision Clarifying Employers’ Meal and Rest Break Obligations
On April 12, 2012, a unanimous California Supreme Court ruled in Brinker Restaurant Corp. v. Superior Court that employers are not required to police their employees and ensure that employees actually take their 30-minute meal breaks. The Court also ruled that employers are not required to provide 10-minute rest breaks before meal breaks. The Brinker… Read More
Labor Commissioner Posts Wage Theft Prevention Template and FAQ’s
As discussed in a prior post on this blog, the California Wage Theft Prevention Act of 2011 (AB 469) took effect on January 1, 2012. This new law requires California employers to provide all newly hired non-exempt California employees with a written notice at the time of hire that contains certain specified wage-related information. It also… Read More
U.S. Supreme Court Reverses and Remands California Supreme Court Decision in Sonic Calabasas v. Moreno
As a result of its decision in AT&T Mobility (which I blogged about here), on October 31, 2011 the U.S. Supreme Court reversed and remanded the California Supreme Court’s ruling in Sonic Calabasas v. Moreno (which I blogged about here). Now, as a result, the Sonic Calabasas decision is no longer good law in California. You can read… Read More
Governor Brown Signs AB 22 Restricting Employers’ Use of Credit Reports
On October 10, 2011, Governor Brown signed Assembly Bill 22 (“AB 22”) which limits the ability of California employers to rely on an applicant’s or employee’s credit report or other credit history when making employment decisions. This represents a major change in California employment law. What is A.B. 22? Sponsored by Tony Mendoza (D-56th District), AB… Read More
Governor Brown Signs AB 469, Known as the “Wage Theft Prevention Law,” Requiring Private Employers to Provide Written Notice to New Hires
On October 9, 2011, Governor Brown signed Assembly Bill 469 (“AB 469”) which will require private employers in California to provide written notice to most new hires of critical employment information, including the employer’s legal name, physical address, payroll dates, and workers’ compensation carrier, as well the wage rate and basis of pay for the… Read More
Governor Brown Signs SB 299 Requiring Employers to Continue Health Benefits for Employees on Pregnancy Disability Leave
On October 6, 2011, Governor Brown signed Senate Bill 299 (“SB 299”) which will require all California employers with more than 5 employees to continue group health insurance coverage for up to 4 months for employees on pregnancy disability leave (“PDL”). This represents a major change in California law. What is S.B. 299? Existing California… Read More
NLRB Clarifies its Position on Employers’ Social Media Policies
On August 18, 2011, in response to a growing number of disputes between employers and employees concerning employees’ use of Facebook, Twitter, YouTube, and other social media, the NLRB clarified its rules for determining (1) when employees are engaging in protected activity, and (2) when employers are using illegal social media policies. These latest clarifications… Read More
Court Sets Brinker Oral Argument for November 8, 2011
On October 4, 2011, the California Supreme Court announced that it would hear oral argument in the long-awaited and much-anticipated meal and rest break case, Brinker Restaurant Corp. v. Superior Court [i] on November 8, 2011. The Issue in Brinker The fundamental question before the California Supreme Court in Brinker is whether California employers must ensure… Read More
Court Clarifies “Reporting Time” Pay Requirements for Employee Meetings
According to a new decision by the California Court of Appeal, restaurants and other employers who call mandatory employee meetings and require off-duty employees to attend are required to pay off-duty employees only 2 hours of reporting time pay. Background California employers are required to pay “reporting time” pay to employees who show up for… Read More