Opener
The Families First Coronavirus Response Act (“FFCRA” or “Act”) was signed into law by the President on Wednesday. Prior to the Senate’s vote to pass the law, the House made additional changes to the bill limiting some of the provisions related to paid leave that were required in the original version of the bill. The […]
Below is an outline of topics designed to assist California employers in navigating COVID 19 and the related economic fallout. Everything is changing quickly and this is based on what is currently known and available. Communications with Employees: Number one priority in this situation continues to be the safety of your employees. It is crucial […]
It is important that employers stay on top of their employees’ workplace safety. We recommend disseminating information to your employees about the COVID 19 outbreak and staying on top of developments. Below is a sample communication, but, of course, you should make sure it accurately reflects your workplace and the steps you are taking. One […]
As suspected, legal challenges have been made to both AB-51, which prohibits mandatory arbitration in employment, and AB-5, the new independent contractor test. Below is a brief summary of the challenges and what it may mean for your business. Arbitration As of December 30, 2019, California is prohibited from enforcing AB-51. Mandatory arbitration is currently […]
It is that time of year when we look to see what will change for California employers. We have summarized some important changes to California employment law that may have an effect on your business as we enter the New Year. There may also be local laws that are not reflected below. If you have […]
On Friday, August 30, 2019, Governor Newsom signed into law SB 778, clarifying requirements for mandatory sexual harassment training. The bill is an urgency statute, which means it shall go into immediate effect. The law can be found here. The key points of the clarifying statute are: All employers with five or more employees required […]
Since the 2016 election there has been speculation of wide-spread immigration actions by the United States Immigration and Customs Enforcement (“ICE”). Repeated announcements from the President for “round-ups”, recent mis-match letters from the Social Security Administration (“SSA”) and court action concerning the census citizenship have many in the community on edge. While it is difficult […]
It’s official. Class action waivers are enforceable in employment arbitration agreements. On Monday, May 21, 2018 the U.S. Supreme Court upheld the enforceability of the waivers in Epic Systems Corp. v. Lewis. The Court resolved a conflict between the National Labor Relations Act (NLRA) and the Federal Arbitration Act (FAA) as to which Act trumped […]
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 […]
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 […]
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 […]
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 […]
This weekend, the weather forecasters predict temperatures in Napa County will reach 108 degrees with parts of Sonoma County and Mendocino County topping 112 degrees. Even in the early hours, agricultural laborers working harvest may be exposed to high heat conditions. What follows is a quick refresher for those employers with outside work areas on […]
By March 1, 2017 all business establishments, places of public accommodation, or state or local government agencies must designate single-user toilet facilities as “all-gender.” A single-user toilet facility is a toilet facility with no more than one water closet or urinal with a locking mechanism controlled by the user. There is no requirement in the […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]