Articles by: Jennifer E. Douglas

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 […]

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 […]

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