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Category Archives: New Legislation and Regulations

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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

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

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

Sexual Orientation Discrimination Not Recognized Under Title VII

Posted in Discrimination, New Legislation and Regulations

Federal law has long prohibited discrimination based on a person’s sex. In recent years, several courts have held that discrimination based on failure to conform to a gender stereotype is a form of prohibited sex-based discrimination. But courts across the country have been more divided about whether those same laws preclude discrimination based on one’s… 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

Trump Withdraws Transgender Bathroom Guidance

Posted in Discrimination, New Legislation and Regulations

In May 2016, North Carolina governor Pat McCrory signed into law a bill (HB2) that required transgender people to use restrooms corresponding to their biological sex.  On May 13, 2016, the Obama administration’s Justice Department and the Department of Education responded by sending letters to U.S. public school districts directing them to allow students to… 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

EEOC Harassment Guidance Receives Much-Needed Update

Posted in Discrimination, Employee Privacy Rights, Harassment, New Legislation and Regulations

The Equal Employment Opportunity Commission (EEOC) recently reported that between fiscal years 2012 and 2015, private sector charges of harassment increased to account for 30% of all charges of discrimination received by the EEOC.  These numbers indicate that harassment liability and prevention continue to be important.  The EEOC’s most recent guidance on harassment focused primarily… 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

Washington Raises Minimum Wage And Provides Paid Sick Leave

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

In November 2016, Washington voters approved Initiative Measure No. 1433 (“IM 1433”) which provides for an incremental increase to the state minimum wage as of January 1, 2017 and also provides for paid sick leave benefits beginning January 1, 2018.  The stated intent behind IM 1443 is expressed in the initiative as follows: “BE IT… Continue Reading

“From Hiring to Firing” – The Life Span of the Employment Relationship

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

Date:  February 23, 2017 Time:  9:30 a.m. – 11:30 a.m. Summary of Program The Labor and Employment Group at Weintraub Tobin is pleased to offer this informative seminar that will discuss applicable laws and best practices to help business owners, human resource professionals, and managers avoid liability when they hire, discipline, and terminate employees. Program… Continue Reading

Increases To New York Minimum Wage And Salary Thresholds

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

While the Department of Labor may have stayed any national increases to the minimum exemption salary thresholds for the time being, New York employers have not been granted the same reprieve. Effective December 31, 2016, the New York Department of Labor announced incremental increases to its minimum wage laws. With the increased minimum wages, increases… Continue Reading

Don’t Throw Out Your Class-Action Waivers Just Yet

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

The United States Supreme Court decided last week to resolve a split in the lower courts as to whether the National Labor Relations Act (“Act”) preempts class-action waiver clauses in arbitration agreements between employers and their employees.  This is an important development, as the use of such waivers in arbitration agreements (if permissible) can drastically… Continue Reading

New Year, New Laws

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

Happy New Year!   The new year frequently marks new changes in the law, and this year is no exception.  There are several important changes that went into effect on January 1st.  Here are some of the major changes that went into effect on January 1, 2017: Minimum Wage Change: On January 1st, for employers with… Continue Reading

Neutral Solutions: We Help You Connect The Pieces

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

The Neutral Solutions Team at Weintraub Tobin specializes in training supervisors on various workplace issues, including preventing harassment, discrimination, and retaliation; workplace health and safety; and managing leave laws.  For more information, please visit our Trainings page here.

Things You Hope You Will Never Need to Know: Liability Arising from Serious Workplace Injury

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

Liability arising from serious workplace injury can be divided into four general categories: (1) worker’s compensation; (2) administrative agency (OSHA); (3) criminal liability; and (4) other civil liabilities. Worker’s Compensation Worker’s compensation is, for the most part, a strict liability system -any bona fide workplace injury, regardless of cause – is covered. The worker’s compensation… Continue Reading

Arizona’s New Independent Contractor Declaration Law

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

On August 6, 2016, the Arizona State Legislature enacted the “Declaration of Independent Business Status” law (“DIBS”). The DIBS added Chapter 10 to Title 23 of the Arizona Revised Statutes (Arizona’s “Labor” statute). In short, DIBS allows certain Arizona companies (referred to in the statute as an “employing unit”) to obtain a declaration from those… Continue Reading

Now Available! Weintraub Tobin’s 2017 Labor and Employment Seminar and Training Schedule

Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Employment Contracts and Agreements, FMLA and Other Leaves of Absence, Harassment, Labor Law, New Legislation and Regulations, Reductions in Force, Retaliation and Wrongful Termination, Trade Secrets and Competition, Wage & Hour

Weintraub Tobin’s 2016 Labor and Employment Seminar and Training schedule is now available.   Click here for a copy of the schedule. If you have any questions on any of our seminars or would like to inquire on private, custom-tailored training, please contact: Ramona Carrillo 400 Capitol Mall, 11th Fl. Sacramento, CA 95814 916.558.6046 rcarrillo@weintraub.com

White House Calls for Restrictions to Curb Non-Compete Agreements

Posted in Employee Privacy Rights, Employment Contracts and Agreements, Labor Law, New Legislation and Regulations, Trade Secrets and Competition, Wage & Hour

The White House has issued new information about its policy position on non-competes, including a call to action from President Obama to state and federal lawmakers to curb and limit non-compete agreements.  To read the Fact Sheet, please click here.

EEOC Issues Guidance on National Origin Discrimination

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

Perhaps because of the unfortunate social tensions arising after the U.S. Presidential election which include some inappropriate threats against immigrants and people of color, the EEOC issued its Enforcement Guidance on National Origin Discrimination last week.  The Enforcement Guidance replaces the EEOC Compliance Manual, Volume II, Section 13: National Origin Discrimination (2002). National origin discrimination… Continue Reading

Texas Federal Court Permanently Blocks Persuader Rule

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

As previously reported here, earlier this year a federal district court in Texas issued a preliminary injunction preventing the Department of Labor (“DOL”) from enforcing the new Persuader Rule, which was to go into effect as of July 1, 2016. Last week, the court issued a ruling converting its preliminary injunction into a permanent one,… Continue Reading