As of July 1, 2012, certain employers in Philadelphia will have to provide their employees with paid sick leave. A recently enacted ordinance amends Chapter 17-300 of the Philadelphia Code, titled “Philadelphia 21st Century Minimum Wage and Benefits Standard.”
What Is the Duty to “Provide” a Meal Period? Oral Argument Before the California Supreme Court in Brinker Restaurant Corp. v. Superior Court
The long awaited oral argument in the seminal meal and rest break decision involving Brinker Restaurant finally occurred today. Before a packed courtroom, lawyers for a hopeful class of waiters and waitresses and the representatives of California employers battled it out before the seven justices of the California Supreme Court.
California’s 2012 Minimum Hourly, Monthly and Yearly Rates for Exempt Computer Software, Physician and Surgeon Employees
Under the California Labor Code, certain computer software employees, as well as licensed physicians and surgeons, are exempt from state overtime requirements if they receive a minimum hourly, monthly or yearly rate. The rate is determined annually based upon changes to the California Consumer Price Index for Urban Wage Earners and Clerical Workers. Because the Index experienced a 2.5% increase over the past year, the California Division of Labor Standards Enforcement (DLSE) adjusted the rates these individuals must be paid to be considered overtime-exempt.
California Appellate Court Addresses when Employers Are Liable for Injuries Caused by Their Employees
Under facts never before addressed by a California court, a California Court of Appeal recently ruled that when an on-duty employee injures an individual while engaging in arguably personal pursuits, the employer is still liable for the injuries. Vogt v. Herron Construction, No. E052434 (Fourth Dist., Div. Two Nov. 1, 2011).
New California Law Discourages Independent Contractors and Sole Proprietorships by Potentially Penalizing Businesses that Use Their Services
In the last hours of his opportunity to veto new legislation, California Governor Jerry Brown signed SB 459. Similar to a bill previously vetoed by former Governor Schwarzenegger and dubbed the “Job Killer Act” by business, SB 459, effective January 1, 2012, might be called by some critics the “Small Business Killer Act.” Championed by organized labor and supported by Democratic legislators, the practical consequences could prove to discourage businesses from utilizing independent contractors based in California, while also discouraging service-providing sole proprietorships and other independent contractors from providing services to other businesses in California.
Supervisor’s Inadvisable Email Creates Basis for FMLA Claim
File this in your “Don’t Do This When Conducting a RIF” folder. As highlighted by the folks at the Atlanta Employment Lawyer Blog, employers should be wary of eliminating the position of an employee who announces days earlier that he will need several weeks off for surgery. When the evidence shows that this employee was not targeted for the layoff before he requested FMLA leave, but only after, it may well be enough to allow him to present his claims to a jury.
Paddling on Each Side: How California Private Sector Employers Must Change Their Operations in 2012
In 2011, for the first time since 2003, California’s legislative process was controlled by a governor and a legislature of the same party. Yet the results at the end of this year’s session were not as one-sided as some had predicted or expected.
California Governor Signs New Collective Bargaining Law Requiring Factfinding Procedures for Impasse Resolution for Public Sector Employers Covered by the MMBA
On October 9, 2011, California Governor Jerry Brown signed AB 646, which amends the Meyers-Milias-Brown Act (MMBA) to require certain public sector employers to submit their differences with a labor organization representing their employees to a “factfinding panel” for impasse resolution. The new law allows an employer covered by the MMBA to implement its “last, best, and final offer” after the parties’ respective positions over wages, benefits and other terms and conditions of employment have been presented to the panel, the panel’s findings and recommendations have been made public and a public hearing has been held on the impasse.
FMLA FAQ: Can an Employer Credit Pre-FMLA Leave Against an Employee’s FMLA Entitlement When the Employee Becomes Eligible?
Q. We provide our employees “non-FMLA†leave after they have worked for us for six months. They are given up to six weeks off during that time if it can be certified by a physician. Since these employees are not eligible for FMLA leave at this point, can we credit the time they took off against their allotment for the following FMLA year as soon as they become eligible for FMLA leave?
New Tennessee Attorney General’s Opinion Opens Door to Wage Claims by Employees Serving Jury Duty
As a general rule, the Fair Labor Standards Act does not require an employer to pay an employee’s travel time between home and their regular place of work.
The Stork Has Landed: California Employers (and Insurers) Now Must Provide Pregnancy Benefits
California Governor Jerry Brown recently signed sweeping legislation aimed at affording pregnant women certain employment and insurance protections. Two sets of companion legislation, SB 299 and AB 592, along with SB 222 and AB 210, attempt to ensure that all pregnant women maintain their insurance benefits while on pregnancy-related leaves.
Ruh Roh Raggy! A Leave of Absence to Care for Your Pet?
I love my Golden Retriever, Abby. I really do. But this development below is a bit too much, especially for this management-side attorney.
California Joins States Restricting Use of Credit Reports for Employment Purposes
On October 10, 2011, the Office of California Governor Jerry Brown announced that Governor Brown had signed AB 22, legislation that adds a new provision to the California Labor Code and amends the state’s Consumer Credit Reporting Agencies Act (CCRAA)1 to restrict the discretion that private and public sector employers have to use “consumer credit reports”2 for hiring and personnel decisions. Together, the new laws, which take effect on January 1, 2012, limit when employers lawfully can use consumer credit reports and impose notice and disclosure obligations on employers who intend to do so.
Best Practices: FMLA Leave to Care for an Adult Child
Perhaps it’s just me, but I recently have received several calls from clients inquiring about an employee’s right to take FMLA leave to care for an adult child (i.e., age 18 or older). Some examples include: Can a grandparent take FMLA leave to care for her daughter after the birth of her baby? Or can an employee take leave to care for an adult child suffering from depression? The answer is not always an easy one. What are an employer’s obligations when an employee seeks leave under the Family and Medical Leave Act to care for an adult child? (I apologize in advance for the length of this post, but I hope it’s worth the read.)
California Federal Court Finds Broad Noncompete Could Be Enforceable Based on Possibility of Revision
While the Bratz case continues to dazzle onlookers, an interesting thing happened in a more low profile case. In Richmond Technologies, Inc. v. Aumtech Business Solutions, et al. [pdf], the Northern District of California issued an order granting in part the plaintiff’s motion for temporary restraining order. The court recognized that “the non-solicitation and non-interference provisions in the Non-Disclosure Agreement are likely to be found unenforceable under California law [Business and Professions Code section 16600],†because they are more broadly drafted than necessary to protect trade secrets.