Happy New Year!

Now that you have managed to get past the holidays and re-establish your work pattern, you should be warned that dozens of new laws came into effect January 1, 2019, which will impact Employers throughout the state of California.  Many of these of will be covered in our upcoming Annual Update on February 22, 2019, at National University.  If you are interested in attending, please contact Jill at [email protected] In addition to legislation, there were also numerous Supreme Court decisions [...]

By |2019-01-31T20:00:32+00:00January 25, 2019|Labor and Employment|

ARE YOUR STUDENT INTERNS ACTUALLY EMPLOYEES?

Many not-for-profit enterprises and a few for profit entities utilize student interns to supplement their work forces.  With the California Division of Labor Standards Enforcement (“DLSE”) cracking down on what it refers to as “wage theft,”  concern has risen that those utilizing student interns will be subject to action based on the theory that the interns are, in actuality, employees entitled to all the benefits set forth in the federal Fair Labor Standards Act (“FLSA”) and the California Labor Code.  [...]

By |2019-01-22T00:19:43+00:00November 30, 2018|Labor and Employment|

Devil’s in the Details!

I don’t normally write “alarmist” pieces, and I rarely alert clients to the activities of other law firms.  However, there is a law firm in Southern California that Employers need to be warned about.  I have handled at least 20 claims in the past 18 months resulting from this firm finding clients in our area.  I am not sure how they are gaining clients, but it is their standard practice to write a letter on behalf of their client (former [...]

By |2019-01-22T00:20:10+00:00November 2, 2018|Labor and Employment|

Friendly Reminder

Normally at the beginning of the year I prod my clients to update their employee handbooks and refresh their management training as required by California law.  It seems that the beginning of the year has slipped by and we are already in August, but here is the reminder.  Earlier this year several laws took effect which impact the manner in which an employer operates their business (such as their ability to inquire into criminal history; and the right to ask [...]

By |2018-08-16T19:41:18+00:00August 10, 2018|Labor and Employment|

Federal Judge Issues Injunction to Prevent Enforcement of Portions of California’s Newly Enacted Immigrant Worker Protection Act

California and the federal government are currently at loggerheads over employers’ responsibilities regarding undocumented immigrants.  Last year, the California legislature passed and Governor Brown signed into law several bills aimed ostensibly at unprotected persons in California without legal status under federal law.  This led the U.S. Department of Justice to file, in March of this year, a suit against the State of California, to declare such laws are invalid on the grounds that they interfere with federal immigration laws. One [...]

By |2018-07-27T19:52:06+00:00June 15, 2018|Labor and Employment|

California Legislature At It Again

A third of the way through 2018 already, and the California Legislature is hard at work creating new laws to damage California businesses. It is unclear if their intention is to drive us out of the state or merely that they lack the understanding of the impact that these silly laws have. The following is a list of bills and a brief description of their content so that business owners may be aware, and may even want to take action, [...]

By |2018-06-14T23:29:06+00:00May 18, 2018|Labor and Employment|

To Hug or Not to Hug…

During her 14 years of employment with the Yolo County Sheriff’s office, Victoria Zetwick, a retired deputy, was hugged by Sheriff, Ed Prieto, at least 100 times, by her own estimate.  Sheriff Prieto also frequently kissed her on the cheek, typically at work-related ceremonies, such as promotional or welcome ceremonies, award parties and Christmas banquets. In one instance, nine years prior to filing suit, Sheriff Prieto encountered Ms. Zetwick at an award banquet and congratulated her on her recent marriage [...]

By |2019-01-22T00:20:50+00:00March 23, 2018|Labor and Employment|

Employers Lose Rights

Regardless of what side of the debate you fall on, the new law in California prohibiting employers from granting voluntary consent to immigration authorities takes away a basic right of business owners and places companies in the middle of the dispute between the state and federal authorities with regard to undocumented alien workers. Effective January 1, 2018, employers can no longer grant any federal agents access to non-public areas of a work-site: Except to verify the agent has an appropriate [...]

By |2018-04-09T23:12:21+00:00February 23, 2018|Labor and Employment|

California Employers Be Forewarned – New Law to Apply

In the last several weeks Governor Brown has signed into law and/or vetoed several pieces of legislation affecting employment in California. AB 1008 (Ban the Box) – Effective January 1, 2018, California employers with five (5) or more employees will no longer be allowed to inquire about criminal history on employment applications or at any time throughout the application process (including interviews) prior to making a “conditional offer of employment”.  Once the conditional offer is made, the employer may do [...]

By |2018-01-03T23:54:11+00:00December 1, 2017|Labor and Employment|

Civil Penalties Under PAGA May Be Awarded in the Absence of Actual Damages

In a decision handed down on September 26, 2017, the First District Court of Appeal determined that civil penalties under the Private Attorneys General Act of 2004 (“PAGA”) as set forth in the Labor Code, can be awarded for incomplete or inaccurate wage statements even if the employee was not injured by the omission or inaccuracy and even if the omission or inaccuracy was not the result of knowing or intentional conduct by the employer.  However, the trial court has [...]

By |2017-10-12T22:12:08+00:00October 6, 2017|Labor and Employment|
Load More Posts