On October 1, 2023, changes to the Fair Employment and Housing Act regulations that govern how employers can use information about criminal history in employment decisions go into effect, modifying California Code of Regulations Title 2, Section 11017.1. These revised regulations add to the already long list of procedures that must be followed in California when using criminal history as a basis for rejecting an applicant or taking other adverse actions against an applicant or employee. An overview of the requirements can be found here.
Archives for September 2023
Andrew Maunz discusses critical functions of the EEOC that would be significantly affected by a government shutdown and how these delays might impact employers in “What To Know If Partisan Gridlock Shuts Down EEOC” published by Law360.
According to the national construction industry trade association Associated Builders and Contractors, construction labor demands are high. The construction business pays well and offers great opportunities for progression. The traditionally male-dominated industry has struggled, however, to convince women to join its workforce.
The U.S. Department of Labor (DOL) has statutory authority to impose a salary requirement to qualify for an exemption from overtime under the executive, administrative, and professional exemptions under the Fair Labor Standards Act (FLSA), a federal district court in Texas holds, granting summary judgment to the DOL. Mayfield v. U.S. Department of Labor, No. 1:22-cv-792 (W.D. Tex. Sept. 20, 2023).
California employers should be extremely cautious about timely paying arbitration fees or could pay the price – waiving their right to arbitrate and having to proceed in court.
The California Legislature and courts have long been hostile to arbitration agreements. In 2019, the California Legislature amended the California Arbitration Act to include a provision that if the party that drafted an arbitration agreement (almost always the employer) fails to pay the fees or costs required to continue the arbitration proceeding “within 30 days after the due date” the drafting party “is in material breach of the arbitration agreement, is in default of the arbitration and waives its right to compel the employee” to proceed with arbitration. (Cal Code Civ. Proc. 1281.98(a)(1)). Under the Act, that means that when the employer “breaches the agreement” by failing to make payments on time, the employee may withdraw the claim from arbitration and proceed in court.
A recent California Appellate Court decision shows just how strictly courts may construe the requirement that fees be paid “within 30 days after the due date”. In Doe v. Superior Court of the City and County of San Francisco, (First App. Dist., Div. 3, 9/8/23), the court found that “paid” within 30 days after the due date meant “received by the arbitrator” within 30 days after the due date. (emphasis in original). In Doe, September 1, 2022, was the “due date”, so the fees had to be paid by October 3rd. The employer put a check for the fees in the mail on Friday, September 30th for the full amount due that Monday. However, the payment was not received until October 5th, two days after the 30-day period expired. The court reasoned that “the proverbial check in the mail” does not constitute payment, and the fees are not considered “paid” under the statute until they are received by the arbitrator.
A work history gap can be hard to explain. The harder question is, do you really even want to go back?
Lengthy and expanding walkouts by the United Automobile Workers union against Ford, General Motors and Stellantis could strain a fragile supply chain.
Focus on the who, the what, and the why.
Having a baby? There’s a new law meant for you: the Pregnant Workers Fairness Act.
A few years ago a member of my team got her dream job. After years of volunteering for a large non-profit organization she was offered a full-time job.
A new law in California will raise the minimum wage for fast food workers to $20 per hour next year, an acknowledgment from the state’s Democratic leaders that most of the often overlooked workforce are the primary earners for their low-income households.
Equal Employment Opportunity Commission sues Elon Musk’s EV company, alleging Black employees were subjected to hostile work environment
A bill in California awaiting the signature of Gov. Gavin Newsom would ban caste discrimination in the state. But the legislation has revealed deep divisions in the South Asian community.