california – Page 9

California: Genetic Causes May be Considered in Apportioning Liability for Work Injuries

June 8, 2017/0 Comments/in HR Alerts /by ManagEase

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April 26, 2017

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On April 26, 2017, the California Third District Court of Appeal stated that genetic causes, including inherited predispositions, may be considered in medical evaluations to apportion the employer’s share of liability for work-related injuries. This builds further upon the current standard for workers’ compensation injuries in which employers must compensate workers only for the portion of a disability caused by a work-related injury.

California Required Harassment Prevention Brochure Updated; New Guidance Issued

May 4, 2017/0 Comments/in HR Alerts /by ManagEase

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May 2, 2017

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On May 2, 2017, the California Department of Fair Employment and Housing (“DFEH”) announced updated information related to workplace harassment.

Ninth Circuit: Prior Salary History may be used to Justify Wage Differentials Between Men and Women

May 2, 2017/0 Comments/in HR Alerts /by ManagEase

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April 27, 2017

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Last week, the Ninth Circuit ruled on Rizo v. Yovino, a wage inequality claim brought under the federal Equal Pay Act. In reviewing this case, the Ninth Circuit affirmed a previous case, Kouba v. Allstate Insurance Co., and confirmed that prior salary history may be considered a “factor other than sex” for the purpose of justifying a wage differential.

Ninth Circuit: Wage Rates Used for Overtime Hours Cannot Be Lower Than Those Used for Non-Overtime Hours

May 2, 2017/0 Comments/in HR Alerts /by ManagEase

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March 21, 2017

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In Brunozzi v. Cable Communications, Inc., the Ninth Circuit stated that wage rates cannot be decreased in weeks when overtime is worked, as compared to weeks when no overtime is worked. There, two cable technicians were paid a piece rate per cable system installed, plus a contractually-based production bonus each pay period as part of their regular wages. When the employer calculated overtime, it reduced the production bonus by the amount of overtime paid for piece rate work, which meant that employees received lower wage rates than when they did not work overtime.

California: Labor Commission Releases Updated Paid Sick Leave FAQ

May 2, 2017/0 Comments/in HR Alerts /by ManagEase

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March 29, 2017

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The California Department of Industrial Relations (“DIR”) Labor Commissioner recently updated the statewide Paid Sick Leave: Frequently Asked Questions (“FAQ”) page. The update is intended to provide further clarity to three commonly asked questions, which are summarized below.

California: Arbitration Agreement Provisions Waiving Right to Seek Public Injunctive Relief Are Unenforceable

May 2, 2017/0 Comments/in HR Alerts /by ManagEase

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April 6, 2017

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Arbitration agreement provisions that require an individual to waive their statutory right to seek public injunctive relief in any forum, including arbitration or in court, have been deemed unenforceable by the California Supreme Court in McGill v. Citibank.

May Updates

May 2, 2017/0 Comments/in HR Alerts /by ManagEase

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This HR Alert addresses the following topics:

H-1B Visa Petition Cap Reached; New Program Focuses on Targeting H-1B Fraud
OSHA Delays Effective Date of Final Rule on Beryllium Exposure Again
Updated Pay Transparency Poster for Federal Contractors
California: Wage Orders Have Been Updated and Must be Posted by Employers
Connecticut: Restaurants Cannot Use Tip Credits for Delivery Drivers
North Carolina: Controversial “Bathroom Bill” Repealed, New Bill Introduced
New York: 24-Hour, Non-Residential Home Care Workers Must be Paid for All 24 Hours
New York City, NY: Inquiries into Prior Salary History Prohibited for City Agencies
REMINDER: Washington, DC’s Universal Paid Leave Act Became Effective on April 7, 2017

Reminder: San Francisco 2016 Employer Reporting Deadline is May 1, 2017

April 20, 2017/0 Comments/in HR Alerts /by ManagEase

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May 1, 2017

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Employers subject to San Francisco’s Health Care Security Ordinance and Fair Chance Ordinance must file the 2016 Employer Annual Reporting form by May 1, 2017 to satisfy their reporting requirements. The Reporting form also includes a survey for compliance with San Francisco’s Paid Parental Leave for Bonding with New Child Ordinance. Covered employers are subject to a $500 penalty per quarter for failure to submit the form. The Reporting form can be obtained here.

California: DFEH Affirms “100% Healed” Policies Violate Employer’s Duty to Accommodate

March 6, 2017/0 Comments/in HR Alerts /by ManagEase

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February 14, 2017

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California’s Department of Fair Employment and Housing (“DFEH”) recently obtained a $290,000 settlement and reinstatement with reasonable accommodation on behalf of a high school custodian who was fired after sustaining an injury. This settlement reinforces DFEH’s position that blanket policies requiring employees to be “100% healed” before they return to work violate the employer’s duty to reasonably accommodate an employee disability.

California: Commissioned Employees Must be Specifically Paid for Rest Breaks

March 6, 2017/0 Comments/in HR Alerts /by ManagEase

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February 28, 2017

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Current California wage order regulations provide non-exempt employees a minimum 10-minute rest break for every four hours worked, or major fraction thereof. These breaks must be counted as hours worked, must be paid at the employee’s hourly rate and cannot be deducted from employee wages. A

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