On July 16, 2015, Governor Jerry Brown signed AB 987 into law. This new law makes it an unlawful employment practice for an employer to retaliate or otherwise discriminate against an employee for requesting an accommodation for a disability or religious belief, regardless of whether or not the request was granted. This new law was intended… Read More
Posts Categorized In: Employment Law Advice & Counsel
Governor Brown Signs AB 202 Making Cheerleaders Employees
On July 15, 2015, California Governor Jerry Brown signed AB 202. This new law requires California-based minor or major league baseball, basketball, football, ice hockey, or soccer to treat cheerleaders as employees, not independent contractors, when they perform during exhibitions or games. This means that California cheerleaders are now afforded the full protection of all… Read More
Governor Brown Signs AB 304 Clarifying New Paid Sick Leave Law
As many of you already know, California has a new paid sick leave that took effect on July 1st of this year. I previously blogged about this new law, and its requirements for California employers, here. But the state’s new sick leave law left many questions unanswered. So, yesterday California Governor Jerry Brown signed a… Read More
Employers Must Withhold Payroll Taxes on Settlements or Judgments Awarding Lost Wages
California employment lawyers have long argued about whether (or not) an employer can pay a settlement to an employee and issue a 1099 to the employee for the settlement amount. Most employers insist on issuing the settlement check subject to usual payroll tax withholdings, reported on a W-2. However, in many cases, to maximize the… Read More
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
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