Articles by: Jennifer E. Douglas

California Supreme Court Redefines Independent Contractor Analysis

On April 30, 2018, the California Supreme Court issued its ruling in Dynamex Operations West, Inc. v. Superior Court, completely overhauling (but not overruling) the independent contractor standard previously set forth in the seminal case of S.G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal. 3d 341. All businesses using independent […]

California Supreme Court Redefines Independent Contractor Analysis

On April 30, 2018, the California Supreme Court issued its ruling in Dynamex Operations West, Inc. v. Superior Court, completely overhauling (but not overruling) the independent contractor standard previously set forth in the seminal case of S.G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal. 3d 341. All businesses using independent […]

ICE Inspections – What Employers Need to Know After AB 450

With the recent news regarding ICE raids on 7-11’s across the country, rumors of raids targeted at Northern California businesses and California’s Attorney General announcing plans to prosecute employers for violation of new laws passed through AB 450, employers should have a plan in place in the event of a raid. As of January 1 […]

New Employment Laws for 2018

It is a new year, which means new employment-related laws.  Here is a quick look at the highlights: Minimum wage is $10.50 per hour for employers with 25 or fewer employees.  It is $11.00 per hour for everyone else. The new IRS reimbursement rate for business travel is 54.5 cents per mile, up one cent […]

Napa and Sonoma County Fires: Employer Resources and Obligations

In light of the devastating fires in Napa and Sonoma Counties, employers should be aware of some available resources and other obligations required by law. We have compiled some information regarding available benefits, employee pay, leaves, and other information Napa and Sonoma County employers may find useful, below. Unemployment Benefits Available   Disaster Unemployment Assistance […]

Important 2017 Employment Changes:

State Minimum Wage: $10.50 per hour for employers with 26 or more employees.  $10.00 per hour for those with 25 or less employees.  Cities throughout the state have higher minimum wages.  Consult local ordinances if employees regularly work in cities outside Sonoma or Napa Counties.  Note, exempt employees for employers with 26 or more employees […]

More Hoops: EDD Wants Employers to Report AB 1513 Safe Harbor Payments For All Past Quarters

Employers who paid safe harbor payments under AB 1513 are facing a new vexing, last minute challenge.  Although the payments were taxable wages to employees and former employees for the tax year 2016, the California Employment Development Department (“EDD”) recently issued a notice that employers who made these payments must report the back payments for […]

Alert: Court Denies AB 1513 Injunction – Safe Harbor Deadline Now July 28, 2016

Today, the Fresno County Superior Court denied Nisei Farmers League’s request for a preliminary injunction staying the enforcement of AB 1513’s affirmative defense deadlines.  AB 1513 is recent legislation specifying how nonproductive time should be compensated for employees paid by piece-rate.  The new deadline to file with the DIR is July 28, 2016. Under AB […]

ALERT: Legal Challenge To AB 1513 Filed. Deadline to file for Safe Harbor protections extended to July 18, 2016.

Nisei Farmers League filed a lawsuit on June 27, 2016 in Fresno Superior Court challenging the legal validity of certain provisions of AB 1513 governing payment for nonproductive time for employees compensated by piece rate. The extension of time to file for safe harbor protections with the California Labor Commissioner was extended in order to provide […]

Big Changes Ahead: Minimum Salary for Exempt Employees Must Be $47,476 By December 1, 2016

On May 18, 2016 the United States Department of Labor (“DOL”) released its final updated regulations governing overtime exemptions.  The DOL’s Wage and Hour Fact Sheet detailing the changes can be found here. Although it does not go as far as the proposed rules, the new regulations dramatically expand the number of workers eligible for […]

Deadline Looming for Employers to Elect “Piece-Rate Back Pay” Safe Harbor under AB 1513

It’s decision-making time under AB 1513 for employers of piece-rate workers in California.  More specifically, if you employ piece-rate workers in California, you must give notice to the state’s Department of Industrial Relations by July 1, 2016 if you want to avail yourself of the safe harbor under the statute and secure the complete affirmative […]

Employment Laws for January 1, 2016

Ringing in the New Year means time to implement the latest California employment laws.  Here is a summary of some of the more significant ones.  For more detailed information contact Jennifer Douglas Phillips via email. Minimum Wage: The California minimum wage increases to $10.00 per hour.  Don’t forget this also means that salaried, exempt employees must […]

New Paid Sick Leave Rules . . . Already

On July 13, 2015,  Governor Jerry Brown signed AB 304 amending California’s brand new paid sick leave law (Labor Code 245 et seq.).  The full text of the bill and its amendments to the law can be found here. The most significant change for the wine industry is the rate of pay for sick leave.  […]

What you need to know about California’s new Paid Sick Leave

The paid sick leave law went into effect January 1, 2015, but employers are not required to provide paid sick leave to eligible employees until July 1, 2015.  The new law is Labor Code Section 245 et seq. Beginning January 1, 2015, employers must provide notice to all employees about the law.  A copy of […]

California Labor Commissioner Issues Required Postings for New Paid Sick Leave Law

The California Labor Commissioner recently issued the Paid Sick Leave poster template and Wage Notice for employers to use as of January 1, 2015 in compliance with California’s new paid sick leave law, AB 1522.  Employers do not need to use these documents in their workplace, but if they create their own posters and notices, […]

Employees in the Earthquake Aftermath

While the dust was settling last week many questions arose about employees.  The two biggest issues were employee safety and employee pay. A.  Employee Safety Employers are responsible for their employees’ safety in the workplace.  If employers remain open during clean up they must make sure their employees are safe.  Employers should be mindful of […]

California’s New Minimum Wage Affects Wine Industry Employers

As of July 1, 2014 California’s minimum wage is $9.00 per hour. All employers with employees making minimum wage should review their payroll practices to ensure the change has been implemented moving forward. Employers will need to update their Wage Notices to reflect the change for new employees, but existing employees can receive notice through […]

Class Action Waivers Enforceable in Employment Arbitration Agreements

On Monday, June 23, 2014 the California Supreme Court held that class action waivers are enforceable in employment arbitration agreements.  This means that an employee and employer can agree through a binding arbitration agreement that the employee may not assert class action claims against the employer.  In the same case the Court found that a representative action through California’s Private Attorney […]

Affordable Care Act Employer Mandate for Medium Sized Employers Delayed Another Year

In a further reprieve to employers the White House announced Monday, February 10, 2014 that portions of the Affordable Care Act’s employer mandate will be delayed another year. Employers with 50 to 99 employees will have until January 1, 2016 to offer quality affordable health care to their employees who work 30 or more hours […]

An Employer Primer on the Affordable Care Act

Many employers remain confused about their obligations under the Affordable Care Act (“ACA”). We prepared a primer on the ACA for employers to help clarify some of the applicable ACA provisions. To access the primer, click here. For more detailed questions, employers should contact their legal counsel or Jennifer Phillips at jphillips@dpf-law.com. Copyright Dickenson Peatman […]

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