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San Francisco's OLSE Issues "FAQs" On Fair Chance Ordinance

Starting on August 13, 2014, employers doing business in the City of San Francisco, California have had to comply with sweeping amendments to San Francisco Police Code, Article 49, and Administrative Code, Article 12 ("the amendments," "the ordinances" or the "FCO"), which significantly restrict the ability of covered employers to inquire into, and use, criminal records for hiring and other employment purposes. The scope of the amendments far exceeds the breadth of any of the other so-called "ban-the-box" laws.


California’s whistleblower statute, California Labor Code Section 1102.5, protects from retaliation employees who “blow the whistle” on conduct they perceive to be illegal. Before January 1, 2014, section 1102.5 prohibited employers from retaliating against employees who either: (1) disclosed information to a governmental or law enforcement agency based on a reasonable belief that the employer violated a statute, rule, or regulation; or (2) refused to participate in an employer activity that would result in a violation of a statute, rule, or regulation.

San Francisco Imposes New Burdens on Retail Employers

In addition to federal and state laws, San Francisco currently has ten labor and employment laws that apply only to employees working within the City. On December 5, 2014, the eleventh San Francisco-specific employment law was enacted, expanding the rights of some retail workers employed by specified retail employers. The “Retail Workers Bill of Rights,” which consists of two ordinances (Nos. 140880 and 141024), will regulate the employment of some part-time retail workers in San Francisco.

Court of Appeal: Employees Who "Retire" Have Quit Under the Labor Code

McLean v. California involves public sector employees, but it's applicable to the private sector as well. McLean worked as a deputy attorney general. She retired in November 2010. On her last day, she alleges, the state did not pay her final wages.

About My Post Below on McLean v. California

I just learned the California Supreme Court has granted review in the McLean case that discussed below (here).

Employers Get Ready to Ring in the New Year with New California Laws For 2015

Executive Summary: Last week marked the official start of the holiday season. As we're now racing towards the end of the year, and getting ready for parties, gifts, and, perhaps, (ugh!) holiday travel, employers also should be getting ready to implement policies to comply with a number of new California laws that are expected to go into effect in 2015. The new laws cover a wide range of areas in employment, including leaves of absences, discrimination, and wage and hour issues. Below is a brief overview of twelve of the most notable new laws affecting businesses in the Golden State. They include:

Minimum Salary Rate Increases for California Computer Software Professional Exemption Announced

he required compensation levels for employees exempt from overtime rate of pay requirements under the California computer software professional exemption will increase by 2.2 percent from current levels beginning January 1, 2015, the California Department of Industrial Relations (DIR) has announced.

San Francisco Board of Supervisors Approves “Retail Workers’ Bill of Rights”

On November 25, 2014, the City and County of San Francisco’s Board of Supervisors unanimously approved (with one member absent) two ordinances that will affect “Formula Retail Establishments” and that proponents refer to as the “Retail Workers’ Bill of Rights.” The Board’s votes would add “Hours and Retention Protections for Formula Retail Employees” and “Fair Scheduling and Treatment of Formula Retail Employees” to the San Francisco Police Code.

New California Law Mandating Paid Sick Leave for California Employees

California's new Healthy Workplaces, Healthy Families Act of 2014 will require most California employers to provide paid sick leave to employees beginning July 1, 2015. This FAQ is designed to assist employers to comply with the new 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.