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Total Articles: 10

DLSE Reverses Its Position on California Rest Breaks

In November 2017, the California Labor Commissioner’s office, Division of Labor Standards Enforcement (“DLSE”), published updated guidance on employer provided paid 10-minute rest breaks.

California’s WARN Act Applies to Temporary Layoffs

A California appellate court has ruled that California’s WARN Act, which requires 60 days advance notice of “mass layoffs,” applies to temporary layoffs and furloughs. The case (Boilermakers Local 1998 v. Nassco Holdings, Inc.) involved a shipbuilding company that laid off about 90 employees for three to five weeks during a workload lull. The employees were notified on the day the layoff began. Their union sued for violation of California’s WARN Act. The trial court ruled in favor of the union and the appellate court affirmed.

SB 306 Expands Labor Commissioner’s Powers to Enforce Anti-Retaliation Laws

Effective January 1, 2018, Senate Bill 306 amends Labor Code § 98.7 and adds Labor Code §§ 98.74, 1102.61 and 1102.62 to provide the Division of Labor Standards Enforcement (“DLSE”) with expanded authority to enforce the retaliation provisions of the Labor Code. Specifically:

New Mandatory Transgender Rights Poster Available

Under legislation recently signed by Governor Jerry Brown, beginning January 1, 2018, all California employers are required to display a workplace poster related to transgender rights. The legislation, Senate Bill 396, requires the poster to be posted “in a prominent and accessible location in the workplace.”

A “New Look” for Salon Employee Commission Arrangements in California

A new addition to California law changes the definition of commission pay for licensed employees of beauty salons and barber shops. Under the new law, certain common arrangements, such as agreements to pay stylists on a commission-only basis or on a minimum wage plus commissions basis, are no longer considered to be commission-based pay.

City of Santa Monica Minimum Paid Sick Leave Accrual Limits to Increase January 1, 2018

The grace period is over. Effective January 1, 2018, the City of Santa Monica’s minimum cap on accrued sick leave for eligible employees will increase from 40 to 72 hours for businesses with 26 or more employees. The accrual-cap for businesses with 25 or fewer employees will increase from 32 to 40 hours.

California Court Rules PAGA Plaintiffs Need Not Assert Injury, or Employer Knowledge, to Collect Penalties for Paystub Violations; Where Do Employers Go From Here?

A California Court of Appeal dealt another blow to employers in a recent ruling interpreting the state’s Private Attorneys General Act (PAGA). In Lopez v. Friant & Associates, the court considered the proof required for a PAGA plaintiff to succeed on a claim based on underlying violations of Labor Code section 226(a).1 In short, the court held that PAGA plaintiffs asserting such claims need not show that the violation caused “injury” or resulted from “knowing and intentional” conduct, as required for a penalty award under a related Labor Code provision.

As of January 1, Salary History Is Officially History in California

Bruce Sarchet and Corinn Jackson, both with Littler’s Workplace Policy Institute, explore the nitty-gritty details of California’s new salary history inquiry ban. The new law – which takes effect January 1, 2018 – prohibits employers from relying on, or seeking out, pay history information about job applicants. Bruce and Corinn discuss the evolution of California’s salary history inquiry ban, the compliance challenges it creates, and how California employers can prepare for this sea-change in hiring practices.

California to Hold Direct Contractors Jointly Liable for Subcontractor’s Unpaid Wages and Fringe Benefits

Beginning with contracts entered into on or after January 1, 2018, direct (general) contractors in California will be held jointly liable for their subcontractors’ unpaid employee wages, fringe benefit or other benefit payments or contributions under Assembly Bill 1701, signed into law by Governor Jerry Brown on October 14th. This joint liability requirement is codified in Labor Code Section 218.7.

Will California See Dueling “Fair Scheduling” Proposals in 2018?

Popular legislative proposals sometimes generate competition among legislators for who will be the first to introduce a bill on a given subject, or who will get credit for a bill’s final passage and enactment into law.