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Total Articles: 8

A Moving Target: The California DLSE Modifies Again Its FAQs on California's New Wage Notice Required for Hourly Employees

On January 23, 2012, the California Division of Labor Standards Enforcement (DLSE) announced on its website1 modifications to the answers to two of its Frequently Asked Questions (FAQs), and added 10 new FAQs and answers concerning the wage notice required by the California Wage Theft Prevention Act (WTPA) in Labor Code section 2810.5.2

NEW EMPLOYEE NOTICE REQUIREMENTS NOW IN EFFECT

Labor Code § 2810.5, which was added to the Labor Code as part of the "Wage Theft Prevention Act of 2011" ("WTPA") became effective on January 1, 2012. It imposes a new requirement on employers to provide certain information in writing to all new hires, as set forth below.

California DLSE Issues Template AB 469 Notice... IMPORTANT

AB 469 requires employers to give new hires, at the time of hire, a notice containing certain information listed in the law. The statute also requires the California Division of Labor Standards Enforcement to issue a model notice. The DLSE finally did so, and it is here.

More on AB 469 Notice "Template"

Per my previous post, the DLSE issued its "template" for compliant AB 469 disclosures. See the post re DLSE template here.

A New Document Required for California "New Hires"

Executive Summary : Governor Jerry Brown recently signed Assembly Bill 469 which adds Section 2810.5 to the California Labor Code. This new law becomes effective January 1, 2012, compelling private employers to add a new document to their new hire package.

Plumbing Contractor Not Liable For Former Employee’s Criminal Act.

When a company negligently hires and retains a worker with dangerous propensities, it can be held liable for harm that the worker causes to customers, co-workers, or others. What if the employee commits the act after he is terminated? A recent California appellate court addressed this issue in a case titled Phillips v. TLC Plumbing, Inc.

Starbucks Lawsuit Highlights Need to Review Employment Applications.

A California Appeals Court recently sent a stern wake-up call to any employer using a “one size fi ts all” job application. A major employer was sued over a fairly typical and, in most states, lawful question in its employment application asking for the applicant’s criminal conviction history. Because an unusual California law forbids inquiries into certain minor drug offenses, the court put a spotlight on the risk of not customizing employment applications to conform to individual state laws.

Starbucks Marijuana Claim Goes Up In Smoke.

Almost every employer uses some form of written job application. However, many employers are unaware of legal requirements governing what types of questions a job seeker may be asked. Employers who do not follow these rules face stiff penalties and expensive compliance lawsuits.
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