Articles by: Jennifer E. Douglas

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 […]

What all Employers Need to Know about the New Unfair Immigration-Related Practices Laws in California

As of January 1, 2014, laws addressing unfair immigration-related practices go into effect.  The laws are broad and far reaching and portions involve all employers, not just employers with immigrant workers.  While the bulk of the new legislation deals with unfair immigration-related practices, Labor Code 1102.5, California’s whistleblower statute, was also amended to expand the types of […]

California’s Minimum Wage will Increase July 1, 2014

On September 25, 2013, California Governor Jerry Brown signed AB 10, increasing  California’s minimum wage for the first time in six years.  The current minimum wage is $8.00 per hour.  This legislation will increase the minimum wage to $9.00 per hour effective July 1, 2014 and to $10.00 per hour effective January 1, 2016. Previously proposed versions of […]

Employers: Mandated Insurance Notice Deadline October 1st

By October 1, 2013, all employers covered by the Federal Labor Standards Act (FLSA), regardless of size, must issue a notice to their employees about the new health insurance options available under the Patient Protection and Affordable Care Act (ACA). Health insurance options will be available through health care exchanges and marketplaces on January 1, 2014. ACA […]

The New Form I-9 Has Arrived!

The U.S. Citizenship and Immigration Services (USCIS) posted its new Form I-9, Employment Eligibility Verification on its website Friday, March 8, 2013. The form is available for immediate use by employers. Employers should begin using it as soon as possible, but if they need to update their internal procedures prior to implementation, employers may continue […]

Employers: New FMLA Posting Required March 8, 2013

The United States Department of Labor (“DOL”) has implemented new rules concerning the Family Medical Leave Act (“FMLA”) Regulations.  All covered employers (an employer with 50 or more employees within a 75 mile radius) will need to post the DOL’s new posting containing the rules as of March 8, 2013.  You can obtain the required […]

2013 Employment Reminders (Happy New Year!)

As of January 1, 2013 most California employers must comply with a handful of important new laws.  Here are two that should top your list: 1. Commission Agreements:  Employers must have a written and signed commission agreement for all employees who receive any part of their compensation in the form of a commission. (Labor Code […]

Employee Commission Agreements Need to be in Writing Soon

It’s tough to think about New Year’s Day on the 4th of July, but January 1, 2013 is a date that nearly all California employers need to focus on.  By that date, and in accordance with California Labor Code §2751, all employee commission plans must be reduced to writing.  This means handshake deals for sales […]

California Supreme Court Issues Major Employment Law Decision

Earlier today California Supreme Court released its long-awaited decision in Brinker v. Superior Court, clarifying an employer’s obligations with regards to meal and rest break requirements for hourly employees.  This decision affects almost every California employer, and all employers should carefully review their policies and practices to ensure they are in compliance.  Overall, this ruling […]

NLRA Rights Poster Delayed Again

The requirement for most private-sector employers to post a new notice issued by the NLRB entitled, “Employee Rights Under the National Labor Relations Act,” was originally scheduled for November 2011 and then postponed until January 31, 2012.  Now the NLRB has delayed implementation until April 30, 2012, apparently due to litigation.  We will continue to […]

New Employer Obligations for 2012 – Wage Theft Protection Act

As of January 1, 2012, employers must at the time of hiring notify all new non-exempt, non-collective bargaining employees in writing of the following information: 1.   The employee’s rate or rates of pay and the rate basis, whether by hour, shift, day, week, salary, commission or otherwise, including any rates of overtime, if applicable; 2.   Any […]

New Laws Impacting the Wine Industry for 2012

Members of Dickenson, Peatman & Fogarty’s alcohol beverage and labor and employment departments recently teamed up for an article in the North Bay Business Journal titled “Important Legal Changes for Wine, Alcohol in 2012.”  You can find a link to the article by clicking here. The article summarizes new laws and regulations coming into effect in the new […]

Deadline for Informational Postings by Employers Changed to January 31, 2012

The National Labor Relations Board (NLRB) announced October 5, 2011 that it is postponing the date for which employers must post the new employee rights poster.  The date has been pushed back from November 14, 2011 until January 31, 2012.  The NLRB states that the reason for the delay is “in order to allow for […]

New Informational Postings Required for Employers by November 14, 2011

Effective November 14, 2011, most non-union employers will have to post a new poster explaining to employees their rights under the National Labor Relations Act.   The poster will explain employees’ rights under the National Labor Relations Act, including the right to unionize, the right to discuss wages, and the right to picket and strike.  The […]

Update on “Fair Treatment for Farm Workers Act”

Governor Jerry Brown’s June 2011 veto of SB 104, “The Fair Treatment for Farm Workers Act,” was the fifth straight year that the bill passed the legislature only to be vetoed.  The bill would have required a farm employer to recognize a union on the strength of a majority of the employees signing cards signifying […]

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