join our network! affiliate login  
Custom Search
GET OUR FREE EMAIL NEWSLETTERS!
Daily and Weekly Editions • Articles • Alerts • Expert Advice • Learn More

Total Articles: 25

A Primer on Substituting Paid Leave for Unpaid Disability Leave Under Federal and California Law

Among the many questions California employers face when navigating the ins and outs of various disability leave laws is under what circumstances an employee may choose or be required to utilize paid time off for an otherwise unpaid leave of absence. When dealing with these issues, it is important to consider some nuanced differences between various federal and California state laws. The following are some guidelines for employers to keep in mind:

Can Employers Require Their Employees to Remain On Call During Rest Breaks?

In another important decision regarding an employer’s obligation to provide rest breaks, the California Supreme Court in Jennifer Augustus et al. v. ABM Security Services, Inc. (2016) 2 Cal.5th 257, dealt with two issues related to employee rest breaks: 1) whether employers are required to permit their employees to take off-duty rest periods pursuant to Labor Code 226.7 and Wage Order 4; and 2) whether employers may require their employees to remain “on call” during rest periods.

California Passes Legislation Limiting Enforceability of Forum Selection and Choice of Law Provisions in Employment Contracts

California Governor Jerry Brown recently signed into law Senate Bill No. 1241 (codified at California Labor Code Section 925), which generally prohibits employers from requiring an employee who primarily lives and works in California to enter into a contract that: (i) requires the employee to litigate or arbitrate disputes with his or her employer outside of California; or (ii) “deprive[s] the employee of the substantive protection of California law with respect to a controversy arising in California.” These restrictions apply to agreements entered into as a condition of the employee’s employment, such as employment agreements, confidentiality agreements and arbitration agreements.

Calculation of California Paid Sick Leave May Spook Employers

As if paid sick leave wasn’t scary enough! From accrual methods, to the protections provided to the time off, to the varying (and ever growing) laws in different jurisdictions, paid sick leave can be spooky.

Reminder to Comply With California Voting Rights Law

As election day approaches, employers are reminded that California law requires them to post a notice 10 days before the election informing employees of their voting rights under state law. Specifically, employees must be informed that if they do not have sufficient time outside of working hours to vote, they may take off enough working time that, when added to the voting time available outside of working hours, will enable them to vote. Up to two hours of this time must be paid. The employer can require that the time off for voting be taken at the beginning or end of the employee's shift, whichever allows the most free time for voting and the least time off from the regular working shift.

California Governor Vetoes Parental Leave Bill Which Would Have Expanded Such Leave to Small Employers

The DOL’s final rule on paid sick leave was not the only news-making event in the world of leave management last Friday. While additional time off was being lauded by the federal government, additional protected leave was rejected in California.

California Employers Must Provide Written Notice of Right to Take Domestic Violence Leave

On September 14, 2016, Governor Jerry Brown signed AB 2377 into law which expands the employer notice requirements regarding domestic violence employee protections provided by Labor Code section 230.1. Despite the protections under current law, many employees remain uninformed about their employment-related rights when it comes to domestic violence. This new bill requires employers of 25 or more to provide written notice to employees of their rights to take protected leave for domestic violence, sexual assault or stalking. Employers must inform each employee of his or her rights upon hire and at any time upon request. The Labor Commissioner must develop and post online a form that employers may use to satisfy these new notice requirements by July 1, 2017. An employer’s obligation to comply with these new disclosure requirements will become effective when the Labor Commissioner posts the new form.

California Corner: Achoo! New Local Paid Sick Leave Ordinances are an Epidemic in California

San Diego and Los Angeles recently joined San Francisco, Oakland, Emeryville and Santa Monica in approving their own paid sick leave ordinances, adding a layer of complexity for employers in those jurisdictions. Employers should be aware that these two new ordinances differ in key respects from California's statewide paid sick time law, the Healthy Workplaces, Healthy Families Act of 2014 (the HWHFA), and that they must now comply with both the state and local laws.

The Ever-Evolving Obligations of California Employers to Provide Paid Sick Leave (and New Minimum Wage Requirements, too!)

This month, the Cities of Los Angeles and San Diego passed paid sick leave and minimum wage ordinances to go into effect soon. While all California employers have been required to provide paid sick leave to employees since July 1, 2015, these new local ordinances create an increasingly complicated web for compliance, particularly for employers with multiple locations.

Senate Labor Committee Passes Fair Scheduling Act

Within the last few weeks, California has raised its minimum wage and expanded its paid family leave rights. Another bill expanding employee rights that is pending in the State Legislature is SB 878. This bill is designed to require California grocery, retail, and restaurant employers to provide employees advance notice of their work schedules and to pay its employees “modification pay” for any unilateral changes that the employer makes to the schedule thereafter.

New Amendments Cure Some of the Heartburn Caused by California's Sick Leave Law

California's Healthy Workplaces, Healthy Families Act went into effect January 1, 2015, with accrual rights beginning July 1, 2015. Most California employers have spent the first half of 2015 trying to reconcile various apparent contradictions in the law. On July 13, 2015, Governor Jerry Brown approved Assembly Bill No. 304, which amended various aspects of California's paid sick leave law. The amendments are effective immediately and clarify some of the ambiguities pertaining to implementation.

Amendments to California Paid Sick Leave Law Effective

Significant amendments to California’s Healthy Workplaces, Healthy Families Act of 2014, also known as the California Paid Sick Leave Law, went into effect immediately upon Governor Jerry Brown’s signature on Assembly Bill no. 304 on July 13, 2015.

California Enacts "Fix-It" Legislation to Cure Ills of Paid Sick Leave Law

California’s paid sick leave law went into effect on July 1, 2015, but soon found itself in the emergency room with many unpleasant side effects. On July 13, Governor Brown signed AB 304 into law, which fixes many of the defects and ambiguities in the original law (AB 1522) that confounded employers as they tried to enact paid sick leave policies by July 1.

California Governor Signs Paid Sick Leave Amendment—Effective Immediately

California Governor Brown signed legislation on July 13, 2015 that aims to clarify and improve California’s new paid sick leave law that requires employers to offer employees 3 days or 24 hours of paid sick leave per year as of July 1, 2015. The amendments are effective immediately.

Paid Sick Time Law Developments in the State of California; Emeryville, California; Eugene, Oregon; and Bloomfield, New Jersey

The wave of new sick leave legislation continues across the country. At the same time, state and local governments continue to refine existing laws to address new laws passed, as well as the complexities that surround providing for and administering paid sick leave benefits.

California Legislature To Cure Sick Pay

Mere weeks before sick pay becomes mandatory in California, the state legislature is racing to cure what is ailing employers. Beginning on July 1, 2015, the Healthy Workplaces, Healthy Families Act of 2014 (HWHFA) will obligate employers in California to offer sick pay to employees in nearly every category. The minimum obligation is to provide sick pay at the rate of 1 hour for every 30 hours worked or a lump sum allocation of 3 days or 24 hours per year.

Ten Tips To Comply With California’s Upcoming Sick Pay Mandate

Mandatory sick pay is coming to California in less than 60 days. Beginning July 1, 2015, the Healthy Workplaces, Healthy Families Act of 2014 (HWHFA) will obligate employers in California to offer sick pay to nearly every category of employee. The minimum obligation is to provide sick pay at the rate of 1 hour for every 30 hours worked or a lump sum allocation of 3 days or 24 hours per year. As the start date approaches, here are 10 tips to help ensure that your sick pay policy complies with the law:

California Labor Agency Overseeing Paid Sick Leave Law Says Employers Must Use Caution When Asking for Doctors' Notes

Executive Summary: In a public webinar recently hosted by the California Department of Industrial Relations regarding California's new paid sick leave law, the state labor agency commented that requiring employees to submit documentation as a condition for payment of sick leave arguably can interfere with the employee's use of paid sick leave. While the agency's response was for informational purposes only and, thus, not legally binding, employers in California are advised to exercise caution when implementing the state's new paid sick leave law.

California Labor Commissioner Revises Sick Pay Notice Obligation

As the July 1, 2015 deadline for employers to implement California’s new paid sick leave law approaches, employers are finding a number of ambiguities in the law that make it challenging to implement. The Office of the Labor Commissioner seems to be facing the same challenges, because it recently changed its position with respect to the notice provisions of the law.

California Labor Agency Publishes Sick Pay Poster and Wage Notice

California’s Division of Labor Standards Enforcement (DLSE) has published a poster and wage notice for employers to use in compliance with AB 1522, California’s new mandatory sick pay law.

FAQs on California's Paid Sick Leave Law

On September 10, 2014, Governor Jerry Brown signed the Healthy Workplaces, Healthy Families Act of 2014. The Act requires California employers to provide employees with one hour of paid sick leave for every 30 hours worked starting on July 1, 2015. Since the California legislature passed the law and even before Governor Brown signed it, we have received many questions regarding how the law works and what employers must do to prepare for it. Below, we have provided answers to some of the most frequently asked questions about the law. Topics include employers’ sick leave obligations, administration of sick leave, and the interplay between sick leave and other state and local leave requirements.

California's Voting Leave Law: Employers' Obligations as Election Day Approaches

As Election Day quickly approaches, California employers are reminded that the state voting leave law allows employees to take time off to vote in a statewide election.

New California Law Entitles Employees To Paid Sick Leave

On September 10, 2014, Gov. Jerry Brown signed into law the “Healthy Workplaces, Healthy Families Act of 2014.” This law will require California employers to grant employees, including some part-time and temporary employees, at least three paid sick days each year.

Governor Brown Signs California’s Mandatory Paid Sick Leave Law

On Wednesday, September 10, 2014, Governor Jerry Brown signed a bill that provides workers with three paid sick days per year. Governor Brown enthusiastically endorsed the law’s passage in August when the California legislature passed the bill. The new law, entitled the “Healthy Workplaces, Healthy Families Act of 2014,” requires California employers to provide employees with one hour of paid sick leave for every 30 hours worked starting on July 1, 2015. More details on the new law’s provisions can be found in our blog post, “BREAKING NEWS: California Legislature Passes Mandatory Paid Sick Leave Bill.”

Put Down That Cell Phone!

A new California statute that prohibits motorists from using a hand-held cellular telephone while driving becomes effective July 1, 2008. Motorists who are 18 years of age or older may use a "hands-free" device while driving. Motorists under age 18 are not permitted to talk on a cell phone at all while driving, whether via a hands-free device or otherwise. This prohibition only applies to drivers, not to passengers. There will be a $20 fine for the first violation and $50 per violation for subsequent offenses. The only exception in the law is for calls made during emergencies to 911 or a health-care provider.
    SORT ARTICLES
  • No Subtopics.