Tag Archive for: california

October Updates

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This Short List addresses the following topics:
  1. U.S Federal Contractor Updates
  2. Alabama: City of Birmingham Approves Nondiscrimination Ordinance
  3. California: Cal/OSHA Says Federal OSHA Reporting Requirements do not Apply to CA Employers
  4. Illinois: Amendments to the Illinois Human Rights Act Codify Religious Garb Protections
  5. Kentucky: Supreme Court Permits Wage and Hour Class Actions
  6. New York: 24-Hour Non-Residential Home Care Attendants Must be Paid for Sleep and Meal Periods
  7. Texas: New Leave Protection for Foster Parents and Preference for Veterans in Employment
  8. Wisconsin: Court of Appeals Upholds “Right to Work” Law

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California: Arbitration May be Enforced For Certain Wage and Hour Claims

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August 3 and 21, 2017

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Two recent state Court of Appeal cases permit arbitration of certain wage and hour claims, including representative actions under the Private Attorney Generals Act (“PAGA”) and an administrative wage claim filed before the Department of Labor Standards Enforcement (“DLSE”), under certain circumstances.

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California: New Bills on Background Checks, Overtime Exemptions, and More

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January 1, 2018

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Gov. Brown recently signed a number of new bills that will impact a variety of employment practices, including background check requirements in certain industries, overtime exemption standards, and requirements for obtaining teaching credentials.  A summary of the new bills are as follows:

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California: Employers May Prohibit Employees From Earning Vacation in Their First Year

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July 28, 2017

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Although California does not require an employer to provide employees with vacation benefits, employers who elect to do so are obliged to pay attention to a host of regulations.  For example, California forbids employers from causing employees to forfeit earned vacation time (e.g., by way of “use it or lose it” policies), because vacation benefits are considered a form of vested wages.  In a recent case, however, a California Court of Appeal stated that employers may prohibit employees from earning any vacation in their first year of employment, provided that the vacation policy is properly worded.

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September Updates

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This Short List addresses the following topics:
  1. The Recent Federal Overtime Exemption Rule is Diminishing
  2. NLRB: More Examples of What is or isn’t Protected Concerted Activities on Facebook
  3. EEOC Must Reconsider Wellness Regulations
  4. Seventh Circuit: EEOC May Investigate Despite Right-to-Sue Letter and Issue of Judgment
  5. Arizona, Maryland, Wyoming:  Now Part of the E-Verify RIDE Program
  6. Berkeley, CA: Minimum Wage Increase, Paid Sick Leave, and Work Schedule Rules Will Soon Be In Effect
  7. San Diego, CA:  Equal Pay Bill for City Contractors and Consultants
  8. Santa Clara, CA: Santa Clara City’s Minimum Wage to Increase in 2018
  9. Connecticut: Anti-Discrimination Protections Expanded for Veterans
  10. Georgia: Amended Law Now Preempts Predictive Scheduling Ordinances
  11. New Jersey:  Anti-Discrimination Protections for Military and Veterans Expanded
  12. New York: Guidance on Tax Treatment of PFL Contributions and Benefits now Available
  13. Nevada: Pregnant Workers’ Fairness Act Poster Now Available
  14. North Carolina:  Fair Classification Act Emphasizes State Focus on Proper Employee Classification
  15. Texas: Hurricane Harvey Relief for Employees
  16. Washington:  New Biometric Information Protection law

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August Updates

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This Short List addresses the following topics:
  1. H-2B Visa Numerical Limit Increased for FY2017
  2. Employers Can Pay a Premium to Expedite H-1B Visa Processing Once More
  3. 2017 Veterans’ Employment and Training Service Filing Season Began August 1
  4. U.S. Department of Justice Files Brief Stating Title VII Does Not Protect Sexual Orientation
  5. First Circuit: Parts of the Massachusetts Earned Sick Time Law Do Not Apply to Railroad Workers
  6. Ninth Circuit: Mortgage Underwriters Are Not Exempt Under the FLSA Administrative Exemption
  7. California: DFEH Modifies Gender-Neutral Restroom Signage Rule for Non-Flushing Toilets
  8. Pennsylvania: Former Employees Are Not Entitled to Inspect Personnel Files
  9. Minneapolis, MN: Minimum Wage Will Increase to $15/hr by 2024
  10. St. Louis, MO: Minimum Wage Ordinance Nullified
  11. Rhode Island: Non-Competes Must Have Assignability Clauses to be Effective for New Owners
  12. Wisconsin: Revised Language, Requirements Regarding Employing Minors

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July Updates

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This Short List addresses the following topics:
  1. USCIS Updates: L-1B Visas, H-1B Cap Exemptions, and Visa Program Fraud and Abuse
  2. California: Workers Are Entitled to Wage & Hour Protections, Regardless of Work or Immigration Status
  3. California: Poster Requirements for Barbers and Cosmetology License Holders
  4. California: New Notice Employers are Required to Provide at Hire
  5. Louisiana: Court Rejects Whistleblower Complaint from Independent Contractor
  6. Missouri: Recent Changes Made to State Anti-Discrimination Statutes
  7. Texas: Texting While Driving Banned
  8. New York City: New Rules Issued to Clarify Freelance Isn’t Free Act

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California: Adds New Workplace Protections for Transgender Individuals

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July 1, 2017

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California continues to lead the nation in offering protections for transgender individuals.  On July 1, 2017, a new set of regulations expanding existing protections under the Fair Employment and Housing Act (“FEHA”) go into effect, addressing an individual’s right to gender expression, equal access to facilities, and more.

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California: Supreme Court Spells Out “Day of Rest” Rules

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May 18, 2017

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In Mendoza v. Nordstrom, the California Supreme Court clarified the application of the “day of rest” rule as set forth by the California Labor Code.  Generally, employers cannot require employees to work more than six days in a seven-day workweek, unless the employee’s working hours do not exceed 30 hours in one workweek or six hours in any one day.  The California Supreme Court provided guidance on the finer operational points of this “day of rest” rule, summarized below.

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California: Voluntarily Resigning in an “Altered Mental State” is Not a Disability Protected from Discrimination

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April 19, 2017

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The Second District Court of Appeals in California recently determined that an employer’s refusal to allow an employee to rescind her own voluntary resignation is not a valid basis for a disability discrimination lawsuit, even though the employee allegedly tendered her resignation in an “altered mental state.”

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