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California Supreme Court Issues Guidance on Employer-Provided Seating Requirements

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April 4, 2016

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The Ninth Circuit requested guidance from the California Supreme Court on suitable workplace seating requirements in response to two pending cases (Kilby v. CVS Pharmacy and Henderson v. JPMorgan Chase Bank).  The California Supreme Court recently provided an opinion on the Wage Order provision that states: “all working employees shall be provided with suitable seats when the nature of the work reasonable permits the use of seats.”

The questions asked by the Ninth Circuit, and the Supreme Court’s responses, are as follows:

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May Updates

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This HR Alert addresses the following topics:
  1. USCIS Says to Keep Using Expired I-9 Form
  2. Phishing Scam Targets HR/Payroll Processes
  3. Austin, Texas Passes “Ban the Box” Ordinance
  4. California Paid Family Leave Benefit Amount Increases
  5. Philadelphia “Ban-the-Box” Poster Published
  6. Seattle, Washington Guidance on Amendments to Labor Standards Ordinances and Compliance Date

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Ninth Circuit Rules No Tip Pooling Among Employees who are not Normally Tipped

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All Employers who Utilize Tip Pooling Arrangements in Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington

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February 23, 2016

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Employers in service industries should take note of the recent decision in Oregon Restaurant & Lodging Assoc. v. Perez, where the Ninth Circuit Court of Appeals upheld a U.S. Department of Labor (DOL) regulation which states that employers cannot require tipped employees to share their tips with untipped employees.  Prior to the decision in the Oregon Restaurant case, there was an ongoing debate among District Courts in the Ninth Circuit regarding the enforceability of the DOL regulation, causing some employers to disregard the DOL regulation entirely.

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Santa Monica, CA Approves Minimum Wage Increase, New Paid Sick Leave Requirements

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All Santa Monica, CA Employers

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July 1, 2016

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Update:  The implementation of Santa Monica’s paid sick leave was later delayed until January 1, 2017. Read more about the delay here.
Beginning July 1, 2016, the City of Santa Monica will increase minimum wage for employers of 26 or more employees to $10.50 an hour.  Wages are set to increase annually through July 1, 2020, ultimately reaching $15.00 an hour.  The ordinance allows employers of less than 26 to be phased in a year later, with the first wage increase to $10.50 effective July 1, 2017.

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U.S. Department of Labor Sweeps West Coast Fast Food Businesses for Pay Compliance

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All West Coast Employers Owning a Fast Food Franchise

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Immediately

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Investigators from the U.S. Department of Labor (DOL)’s Wage and Hour Division are sweeping fast food establishments on the west coast to ensure that proper minimum wage and overtime regulations are being observed. This investigation continues to focus on establishments located in California, Oregon and Washington.

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New Guidance on California Employers’ Obligations to Transgender Employees

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February 2016

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In late February, the California Dept. of Fair Employment and Housing (DFEH) issued formal guidance for employers on how businesses can comply with CA anti-discrimination laws, with specific regard to gender identity and gender expression.

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February Updates

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This HR Alert addresses the following topics:
  1. BIG Changes to California’s FEHA Regulations
  2. Pasadena Approves Minimum Wage Increase
  3. California Workers’ Compensation Claim Form Updated

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Change to California Posting Requirements as of April 1, 2016

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California Private Employers with 5+ Employees;
All California Public Entity Employers

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April 1, 2016

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Earlier this month, the Fair Employment and Housing Act (“FEHA”) regulations were revised, changing, in part, the California Pregnancy Disability Leave notice that employers are required to post.  Specifically, the change relates to the language required in the notice itself.   Employers have the option to (1) post the revised notice specified in the regulations, unless it is inconsistent with the employer’s own policy, or (2) post a notice developed by the employer that is consistent with the regulatory requirements.

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January Updates

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This HR Alert addresses the following topics:

  1. OSHA 300A forms, due February 1, 2016;
  2. The U.S. Dept. of Labor’s issuance of guidance on joint employer analysis;
  3. Long Beach, California’s minimum wage rate increase
  4. Federal unemployment insurance rate increase

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California Enacts an Increase in Piece-Rate Worker Compensation, with Retroactive Repercussions for Resolving Back Wage Claims Without Litigation

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All California Employers who Employ Piece-Rate Employees

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January 1, 2016

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On October 10, 2015, Gov. Brown signed AB 1513 into law, adding Section 226.2 to the California Labor Code.  This legislation is a response to prior court rulings related to required compensation for mandated breaks and other nonproductive time. Specifically, the bill sets forth minimum compensation requirements for rest and recovery periods and other nonproductive time for piece-rate workers, in addition to and separate from their established piece rates.  Each type of compensation must also be documented on an employee’s paystub.  Additionally, employers who have not been paying piece-workers for this additional time have the opportunity to resolve back claims without litigation.  This statute will become effective on January 1, 2016, but will have retroactive repercussions for wages earned as of July 1, 2012.

This information applies to all companies who employ piece-rate workers in California.  Examples of employees who are compensated as piece-rate workers include, but are not limited to, those who may do installation work, closing financial transactions when paid a flat rate, agricultural work, manufacturing work, logistics work when a piece rate applies to drivers’ deliveries, etc.

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