Responding to recent public outcry over wage theft and the inability of state authorities to enforce judgments for unpaid wages, California has enacted a new law going into effect on January 1, 2016 that provides the Division of Labor Standards … Continue reading
Employment Law Alerts & Articles
Category Archives: California Employment Law
Jan 14
Electronic Employee Signatures
In a recent decision, Ruiz v. Moss Brothers Auto Group, Inc., 2014 Cal. App. LEXIS 1176 (Cal. App. Ct. 4th Dist. Dec. 23, 2014), the California Court of Appeals affirmed an order denying an employer’s petition to compel an employee … Continue reading
Jan 14
The California Legislature Intends California’s New Equal Pay Act Amendments To Increase Employer Liability For Pay Practices
California Governor Jerry Brown signed the California Fair Pay Act (SB 358) into law on October 6, 2015 to become effective January 1, 2016. Although there are state and federal laws already in place to address pay inequality (i.e., the … Continue reading
Sep 14
Alcantar v. Hobart Service: Employee Commute Time May be Compensable When the Employee is Required to Use a Company Vehicle
On September 3, 2015, the U.S. Court of Appeals for the Ninth Circuit ruled that an employer must pay for employee commute time to and from work if the employer has a policy that requires its employees to use the … Continue reading
Mar 19
U.S. Supreme Court Reinforces Allowance For Arbitration Agreements That Waive Class Action Claims
With a curt two sentence and unanimous holding, the U.S. Supreme Court in late February 2014 evinced its exasperation with the California courts and their failure to not enforce contractual arbitral provisions subject to the Federal Arbitration Act. By vacating … Continue reading
Nov 29
California Court Approves Overtime Rounding
A California Court of Appeals recently ruled that, for purposes of calculating overtime pay, employers may round non-exempt employees’ overtime hours to the nearest one-tenth of an hour. In See’s Candy Shops, Inc. v. Superior Court, No. D060710 (Cal. App. … Continue reading
Jan 26
New Penalties Seek To Ensure California Employers Properly Understand Independent Contractor Classification
As of January 1, 2012, SB 459 added two new California Labor Code sections addressing employer misclassification of “Independent Contractors.” Given the recent economic downturn, the California legislature has now expressed its concern that more and more companies and businesses are … Continue reading
Jan 01
California Employers Required To Provide Notice Regarding Wage Rate To Employees
Beginning January 1, 2012, California employers face new statutory obligations to notify non-exempt NEW HIRE employees of their rate of pay and compensation. To ensure employees clearly understand their compensation rates, and in furtherance of the general public policy California … Continue reading
Jan 01
New Restrictions On Credit Checks For Employment in California
As of January 1, 2012, California employers joined six other states to restrict the use of credit checks to make employment decisions as to most jobs and as to employment transaction such as hiring, promotion and termination. Specifically, except for … Continue reading
Dec 15
New California Law Permits Labor Commissioner to Award Liquidated Damages for Minimum Wage Violations
As of January 1, 2012, many new employment laws will take effect in California that will have a significant impact on California employers. One of these laws is AB 240, which will amend California Labor Code sections 98 and 1194.2. … Continue reading