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Category Archives: Labor Law

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San Francisco Passes “Lactation in the Workplace Ordinance”

Posted in Discrimination, Employee Privacy Rights, Labor Law, New Legislation and Regulations, Wage & Hour

On June 30, 2017, San Francisco’s Mayor Ed Lee signed an ordinance, providing employees in the City of San Francisco with additional lactation rights.  The “Lactation in the Workplace Ordinance,” will take effect on January 1, 2018 and applies to all City employees, including those who work part-time.  The ordinance is similar to existing state… Continue Reading

San Francisco Adopts the “Parity in Pay” Ordinance – No More Inquiries About or Disclosures of Prior Salary

Posted in Employment Contracts and Agreements, Labor Law, New Legislation and Regulations, Wage & Hour

On July 19, 2017 Mayor Lee signed the Parity in Pay Ordinance.   Below is a brief summary of the Ordinance which will go into effect on July 1, 2018. The Ordinance provides findings from the 2015 United States Census Bureau report that show that in San Francisco women are paid on average 84 cents for… Continue Reading

Revised Form I-9 Issued by the USCIS

Posted in Employee Privacy Rights, Labor Law, New Legislation and Regulations, Wage & Hour

On July 17, 2017, the United States Citizenship and Immigration Service (“USCIS”) released a revised version of the Form I-9, Employment Eligibility Verification.  Instructions for how to download Form I-9 are available on the USCIS Form I-9 page. Employers can use this revised version immediately or continue using Form I-9 with a revision date of… Continue Reading

Doing the [Porta]Potty Dance: Fair Employment and Housing Council Votes to Adopt Emergency Rule regarding Signage for Single User Non-Flush Toilets to Resolve Conflict with OSHA Regulations

Posted in Discrimination, Employee Privacy Rights, Labor Law, New Legislation and Regulations, Wage & Hour

At its meeting on July 17, 2017, the Fair Employment and Housing Council (FEHC) addressed a conflict between its regulations and OSHA’s regulations, regarding gender-neutral restroom facilities. AB 1732, enacted as Health and Safety Code section 118600, which applies to single-user toilet facilities.  Section 118600 defines single-user toilet facilities as those that have only one… Continue Reading

DON’T FORGET…….California’s Transgender Identity and Expression Regulations Go Into Effect July 1, 2017

Posted in Discrimination, Employee Privacy Rights, Harassment, Labor Law, New Legislation and Regulations, Retaliation and Wrongful Termination, Wage & Hour

The new regulations that expand existing protections under California’s Fair Employment and Housing Act (FEHA) for transgender individuals and others go into effect July 1, 2017.  As California employers know, FEHA prohibits harassment and discrimination against individuals on the basis of many protected classes, including gender, gender identity, and gender expression.  Below is a brief… Continue Reading

Is Panic Really the Best Choice? One Lawyer’s Approach to Analyzing “Substantially Similar Work” Under the California Fair Pay Act

Posted in Employment Contracts and Agreements, Labor Law, New Legislation and Regulations, Wage & Hour

Since the passage of the California Fair Pay act in late 2015 (effective January 1, 2016) and its recent amendments, many employers and commentators have criticized the statute for imposing a vague and dangerous standard on California employers. The California Fair Pay Act replaces the former “equal work” standard of the Equal Pay Act with… Continue Reading

Texas Bus Monitor Termination For Incontinence Is Discrimination

Posted in Disability Discrimination, Discrimination, Labor Law, Retaliation and Wrongful Termination

In Green v. Dallas County School District, a Texas jury found that a Dallas County School District (the “School District”) violated Texas disability discrimination laws when it fired a bus monitor who lost control of his bladder on a school bus.  The bus monitor, Paul Green, suffered a known disability – congestive heart failure –… Continue Reading

Colorado Payroll Information May Become Public Record

Posted in Employment Contracts and Agreements, Labor Law, New Legislation and Regulations, Wage & Hour

On April 13, 2017, Governor John Hickenlooper approved Colorado House Bill 17-1021 (“HB 17-1021”) which amends Section 8-1-115 of the Colorado Revised Statutes.  In summary, HB 17-1021 provides that the information an employer provides to the Colorado Department of Labor and Employment (“CDLE”) in connection with complaints and investigations into violations of the State’s wage… Continue Reading

“Saying It’s So, Doesn’t Make It So”- Independent Contractor v. Employee Status

Posted in Employment Contracts and Agreements, Labor Law

Summary of Program The risks involved in misclassifying a worker as an independent contractor rather than an employee have always been serious. A number of federal and state agencies regulate the proper classification of workers and have the authority to impose significant monetary and non-monetary sanctions against employers who get the classification wrong. Program Highlights… Continue Reading

California Employers – Revised Wage Orders Posted

Posted in Labor Law, New Legislation and Regulations, Wage & Hour

The California Department of Industrial Relations (DIR) updated all but Wage Order 14 and 17 recently.  The DIR regulates wages and hours for employees.  The Division of Labor Standards Enforcement (DLSE) enforces the provisions of the wage orders, including the posting requirements.  The Wage Orders are numbered 1 through 17. The most recent updates were… Continue Reading

Managing Your Business Under Mandatory Evacuation

Posted in Labor Law, New Legislation and Regulations

Imagine this: Your business lies within a zone that is subject to a mandatory evacuation order from emergency response and law enforcement officials.  Imagine that the evacuation order arises from a fire or imminent flooding.  What do you do?  Shut your business and get out of course.  Most evacuation orders are short lived and the… Continue Reading

Neutral Solutions: Mediation

Posted in Employment Contracts and Agreements, Labor Law, Reductions in Force, Retaliation and Wrongful Termination

The Neutral Solutions Team at Weintraub Tobin specializes in Mediating employment disputes both pre and post litigation. Employment disputes are some of the most contentious and aggressively litigated cases in federal and state courts. The employee is adamant that the employer treated him or her unjustly and violated the law, and the employer reasonably believes that… Continue Reading

Employers May Be Liable For Violence Away From Work

Posted in Employee Privacy Rights, Employment Contracts and Agreements, Labor Law, New Legislation and Regulations, Retaliation and Wrongful Termination

Intentional torts committed by employees are difficult for employers to both anticipate and protect against. When an employee commits a criminal act against another employee or a third party, the law generally considers whether the employer knew or should have known that the employee posed a danger in deciding whether a duty to protect against… Continue Reading

Neutral Solutions: Workplace Investigations

Posted in Employee Privacy Rights, Employment Contracts and Agreements, Labor Law, Retaliation and Wrongful Termination

The Neutral Solutions Team at Weintraub Tobin specializes in conducting independent investigations into complaints of misconduct in the workplace. At Weintraub Tobin, we take pride in the top-notch investigations conducted by our experienced group of attorney-investigators.  Our attorneys have conducted hundreds of investigations for private companies, for-profit companies, non-profit companies, cities, counties, and state agencies,… Continue Reading

Requiring Employees to Prove Eligibility to Work in the U.S. Can Lead to Liability

Posted in Labor Law, Retaliation and Wrongful Termination, Wage & Hour

As the national controversy continues to swirl around immigration issues, a federal appellate court this week faulted an employer for demanding that an employee provide information to prove “‘legal right to work in the United States … as required by the Immigration Control and Reform Act of 1986.’”  The U.S. Circuit Court of Appeals for… Continue Reading

Pennsylvania Employers Can Pay Wages With Payroll Cards

Posted in Labor Law, New Legislation and Regulations, Wage & Hour

Pennsylvania’s Wage Payment and Collection Law requires employers to pay all wages, other than fringe benefits and wage supplements, due employees on regularly scheduled paydays designated in advance by the employer in cash, bank check, or direct deposit. As of May 4, 2017, Pennsylvania employers will have another option to pay employee wages each pay… Continue Reading

Neutral Solutions: We Help You Connect the Pieces

Posted in Labor Law, Retaliation and Wrongful Termination

The Neutral Solutions Team at Weintraub Tobin can help you avoid expensive and protracted litigation. We specialize in: Training supervisors on various workplace issues, including preventing harassment, discrimination, and retaliation; workplace health and safety; and managing leave laws. Conducting independent investigations into complaints of misconduct in the workplace. Mediating employment disputes both pre and post… Continue Reading

Are Your Exempt Employees Properly Classified? – It’s Not Just Based on Salary

Posted in Labor Law, New Legislation and Regulations, Wage & Hour

Date: April 20, 2017 Time: 9:30 a.m. – 11:30 p.m. Summary of Program With the ever increasing number of claims filed with the Department of Labor and California Labor Commissioner for unpaid overtime, and the increasing number of wage and hour class action lawsuits, the importance of correctly classifying employees as exempt or non-exempt is… Continue Reading

Word to the Wise: Commission Paid Employees

Posted in Employment Contracts and Agreements, Labor Law, Wage & Hour

For several years, California law has required that whenever an employer hires an employee and “the contemplated method of payment of the employee involves commissions … the contract shall be in writing and shall set forth the method by which the commission shall be computed and paid. Let me rant a bit.   I will say… Continue Reading

Commissioned Employees Required to Receive Separate Compensation for Rest Breaks

Posted in Employment Contracts and Agreements, Labor Law, New Legislation and Regulations, Wage & Hour

A California appellate court ruled this week in Vaquero v. Stoneledge Furniture, LLC (No. B269657, filed February 28, 2017) that employees paid on commission are entitled to separate compensation for rest breaks.  In a decision that frustrates employers that view the employment relationship through the lens of contract law, the Vaquero Court held that Stoneledge’s… Continue Reading

Hugs and Kisses May Not Spur Affection in the Workplace

Posted in Discrimination, Harassment, Labor Law, New Legislation and Regulations

In a decision just two weeks after Valentine’s Day, the Ninth U.S. Circuit Court of Appeals (“Ninth Circuit”) has ruled that hugs and kisses may decrease, rather than increase, feelings of affection in the workplace.  Specifically, the Ninth Circuit overturned a lower court decision dismissing a lawsuit filed by a county correctional officer who alleged… Continue Reading

New York Governor Continues To Strengthen Equal Pay Protections

Posted in Disability Discrimination, Discrimination, Labor Law, New Legislation and Regulations

By Vida L. Thomas On January 9, 2017, New York Governor Andrew Cuomo announced his new “New York Promise” agenda, a sweeping package of reforms that the Governor promises will “advance principles of social justice, affirm New York’s progressive values, and a set a national standard for protections against all forms of discrimination.” As part… Continue Reading