California’s Wage Theft Prevention Act requires employers to provide most employees with written notice of their compensation and certain rights under the Labor Code. Here are five steps employers can take to ensure compliance with the notice requirements.
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Hands Off My Wages! Five Steps Employers Can Take to Comply With the Notice Requirements of California’s Wage Theft Protection Act Posted on: November 09, 2020 In: Labor & Employment
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California “Propositions” to Re-Implement Affirmative Action in Public Sector Hiring: What Employers Need to Know Posted on: October 23, 2020 In: Labor & Employment
On the upcoming November 3, 2020 ballot, Proposition 16 proposes to amend the California Constitution to allow public sector employers to consider race, sex, color, ethnicity, or national origin in hiring decisions. This proposition comes on the heels of the recent protests against police brutality and is thought to promote diversity in the workplace, which will in turn reduce adverse treatment of minorities in local communities.
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Domestic Workers in California Will Not Receive OSHA Protections Posted on: October 14, 2020 In: Labor & Employment
Last month, California Governor Gavin Newsom vetoed Senate Bill 1257, which had been passed by the California legislature to provide protections to household domestic service workers. The bill sought to delete the household domestic services exception to Labor Code section 6303, which requires employers to comply with California Division of Occupational Safety and Health Act (Cal/OSHA) standards for working conditions.
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Fictitious Business Names on Wage Statements: An Invitation for Penalties in California Posted on: June 30, 2020 In: Labor & Employment
Complying with California law on wage statements can be tricky for employers. Pursuant to Labor Code Section 226(a)(8), wage statements must identify the employer’s legal name. An employer can comply with this requirement by listing either the legal entity name or a registered fictitious business name (dba) on the wage statement. Failing to do so can expose employers to extensive liability on a class-wide basis through a class action or Private Attorney General Act (PAGA) representative action.
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A Quick Checklist for Navigating Requests for Paternity Leave in California Posted on: June 11, 2020 In: Labor & Employment
Employers commonly process requests from expecting mothers for maternity leave. However, when it comes to welcoming a new baby, it’s all hands on deck. As such, it is important for companies to be knowledgeable about the different types of leave that may apply to expecting fathers.
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AB 2355 Aims to Make Medical Cannabis Users a Protected Class in California Posted on: March 27, 2020 In: Labor & Employment
California Assembly Member Rob Bonta recently introduced Assembly Bill 2355 (AB 2355), which, if enacted, would make medical cannabis users a protected class in California. California was the first state to legalize medical cannabis in 1996, but AB 2355 is not the first legislation of its kind.
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What Exactly is “Associational Race Discrimination” under the FEHA? Posted on: January 07, 2020 In: Labor & Employment
In California, the Fair Employment and Housing Act (FEHA) prohibits discrimination based on race, national origin, religion, age, disability, sex and gender, among other categories. In addition, the FEHA provides an express cause of action for discrimination based on association with individuals in a category protected by the Act. These types of claims primarily arise in the context of disability discrimination.
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California Temporarily Eases Burden of CCPA Compliance for Employers Posted on: December 05, 2019 In: Labor & Employment
In October, California Governor Gavin Newsom signed into law Assembly Bill 25 (AB 25), which temporarily eases the burden imposed on employers by the sweeping California Consumer Privacy Act of 2018.
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In California, Now Even Hair Is Protected Posted on: August 09, 2019 In: Labor & Employment
Last month, California became the first state to protect employees from discrimination based on natural hair and hairstyles associated with race. California follows New York City’s passage of a similar ordinance earlier this year.
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5 Tips to Avoid Wage & Hour Liability in California Posted on: June 26, 2019 In: Labor & Employment
Wage and hour litigation is an area of law that is incredibly nuanced, but incredibly important. Every California employer is faced with the daunting task of avoiding liability for wage and hour law violations. Fortunately, employers can greatly reduce the risk of exposure by following these five simple tips.
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Understanding the Medical Loss Ratio Under the ACA: A Guide to Allocating and Distributing the Received Premium Rebate - Part 1 of 2 Posted on: June 05, 2019 In: Labor & Employment
What Should Employers Know About the “Affordable Care Act” and the Medical Loss Ratio? These days, with readily available access to various political and social media platforms, one may find that the phrase “Affordable Care Act” has evolved into a “buzzword” occasionally used to promote a partisan agenda. Regardless of the current political climate and differences in opinions, most employers should have a general understanding and knowledge of the medical loss ratio under the Affordable Care Act (ACA).
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Does ‘Compensation’ Mean ‘Pay’ Under California Law? Posted on: May 29, 2019 In: Labor & Employment
Overtime laws vary by states. For instance, overtime under California law is calculated based on the “regular rate of pay.” This includes all forms of remuneration, such as non-discretionary bonuses, piece-rates, commissions, etc. Conversely, with respect to meal and rest periods, California law states that these must be paid at an employee’s “regular rate of compensation.” However, California law does not define what regular rate of compensation means.
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