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 clear. This seminar is designed to help employers and HR… Continue Reading
Category Archives: New Legislation and Regulations
Subscribe to New Legislation and Regulations RSS FeedUpcoming Seminar: Independent Contractors v. Employees – Do Independent Contractors Still Exist?
Posted in Employment Contracts and Agreements, Labor Law, New Legislation and Regulations, Uncategorized, Wage & HourSummary 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. In 2018,… Continue Reading
Neutral Solutions 2019: A New Year that Brings New Training Obligations
Posted in Employee Privacy Rights, Employment Contracts and Agreements, Harassment, Labor Law, New Legislation and RegulationsWhile it has always been good practice for employers of all sizes to train both their supervisory employees and non-supervisory employees on the prevention of harassment, California law now mandates such training by 1/1/20 (and every 2 years thereafter) for any employer with 5 or more employees. The attorneys in Weintraub Tobin’s Labor & Employment… Continue Reading
New Year, New Minimum Wage
Posted in Labor Law, New Legislation and Regulations, Wage & HourEffective January 1, 2019, California’s minimum wage rate increased to $12.00 per hour (from $11.00) for employers with 26 or more employees and $11.00 per hour (from $10.50) for employers with 25 or fewer employees. The minimum wage will continue to increase yearly until it reaches $15.00 per hour on January 1, 2022 for employers… Continue Reading
Brendan Begley Presenting at Employment Litigation 2019: Facing Workplace Realities in Divisive Times
Posted in Harassment, Labor Law, New Legislation and Regulations, Retaliation and Wrongful Termination, Wage & HourBrendan Begley spearheads the firm’s Appeals and Writs group and is a member of the firm’s labor and employment, litigation, and trust, probate and elder abuse litigation groups. He is an Appellate Law Specialist certified by the State Bar of California Board of Legal Specialization. Brendan will be speaking at The Rutter Group and the… Continue Reading
Save the Date – Weintraub Tobin’s Employment Law Update 2019
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 & HourTuesday, January 8, 2019 – Sacramento, CA Wednesday, January 23, 2019 – San Francisco, CA Additional information and details for each session will be available December 3, 2018. To reserve your space at one of these sessions, please email Ramona Carrillo at rcarrillo@weintraub.com.
Now Available! Weintraub Tobin’s 2019 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 & HourWeintraub Tobin’s 2019 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 (916) 558-6046 rcarrillo@weintraub.com
Mandatory AB 1825 Sexual Harassment Prevention Training and Supervisor Best Practices and Legal Compliance Training
Posted in Discrimination, Employee Privacy Rights, Harassment, Labor Law, New Legislation and Regulations, UncategorizedMandatory AB 1825 Sexual Harassment Prevention Training The regulations regarding California’s Mandatory Sexual Harassment Prevention Training for supervisors require that certain employers provide training to their supervisors every two years. The Labor and Employment Group at Weintraub Tobin Chediak Coleman Grodin is offering a two hour in-person training session that will comply with all the… Continue Reading
Which California Employment-Related Bills Were Signed Into Law And Which Ones Did Not Make The Cut?
Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Employment Contracts and Agreements, Harassment, Labor Law, New Legislation and Regulations, Retaliation and Wrongful Termination, Wage & HourWell September 30, 2018 has come and gone. As my September 19, 2018 article indicated, that was the deadline for Governor Brown to either sign or veto a large number of employment-related bills passed by the California Legislature during the 2017-2018 Term. Out of the 21 employment-related bills I summarized in my September 19th article,… Continue Reading
Beth West Presenting at the Fall Family Forum for the Capital Region Business Center
Posted in Harassment, Labor Law, New Legislation and RegulationsBeth West presenting at the Fall Family Business Forum for the Capital Region Family Business Center on October 10, 2018. Beth will be discussing the “Me Too” Topic and how it impacts family business. For more information on this event, please visit: https://capfamilybus.org/events/fall-2018-family-business-forum/
To Be or Not to Be [a New Law]? Countdown on Governor Brown’s Review of California Employment-Related Bills
Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Employment Contracts and Agreements, Harassment, Labor Law, New Legislation and Regulations, Retaliation and Wrongful TerminationThe September 30th deadline for Governor Brown to act on numerous employment-related bills passed by the California Legislature during the 2017-2018 Legislative Term is fast approaching. This Blog summarizes only 21 of the more than 40 employment-related bills currently on the Governor’s desk. Employers are encouraged to stay tuned to see which bills become law… Continue Reading
Pay Correctly Now or Pay More Later: All You Need to Know About Wage and Hour Laws
Posted in Labor Law, New Legislation and Regulations, Wage & HourSummary of Program: Wage and hour lawsuits and claims filed with the Department of Labor and the California Labor Commissioner continue to plague California employers. Often employers are sued because of technical violations that occur simply because the employer is unaware of its legal obligations. Other times, employers make the mistake of treating an employee… Continue Reading
Good News Employers – There are Now Some Answers to Your Questions About the Recent Law Prohibiting Use of Prior Salary History
Posted in Employee Privacy Rights, Employment Contracts and Agreements, Labor Law, New Legislation and Regulations, Wage & HourOn July 18, 2018, Governor Brown signed Assembly Bill (AB) 2282 which provides answers and clarifications to a number of questions employers had about the new law that went into effect in January 2018 (Assembly Bill 168 – codified in Labor Code section 432.3). Section 432.3 prohibits employers from relying on the salary history information… Continue Reading
California Law Now Provides an Express Statutory Privilege Against Defamation Claims by Those Accused of Sexual Harassment
Posted in Harassment, Labor Law, New Legislation and Regulations, Retaliation and Wrongful TerminationUnder California law, an aggrieved person can bring a claim for defamation if the person is the subject of a false and unprivileged statement that is injurious to his/her reputation. Defamation can take the form of libel or slander. (Ca. Civ. Code Sec. 44.) Specifically “libel” is defined as a false and unprivileged publication by… Continue Reading
NLRB Provides Guidance Regarding Permissible Policies – Are Your Policies Compliant?
Posted in Employee Privacy Rights, Employment Contracts and Agreements, Labor Law, New Legislation and Regulations, Retaliation and Wrongful TerminationBack in December, Beth West informed our readers that the NLRB had issued new (and more realistic) guidelines for evaluating whether employment policies and rules violate the National Labor Relations Act (“NLRA”). As a reminder, the NLRB issued a new two-prong test for determining if facially neutral employment policies could interfere with the exercise of… Continue Reading
Do You Own a Hotel? – New Regulations Going Into Effect
Posted in Labor Law, New Legislation and RegulationsIn January, the Cal/OSHA Standards Board (OSHSB) adopted new regulations intended to prevent and reduce workplace injuries suffered by housekeepers in the hotel and hospitality industry. The new regulations, which go into effect on July 1st, require California hotel (and other lodging) employers to adopt a Musculoskeletal Injury Prevention Program (MIPP) to complement the Injury… Continue Reading
New California Regulations on National Origin Going Into Effect
Posted in Discrimination, Harassment, Labor Law, New Legislation and Regulations, Retaliation and Wrongful TerminationAs any reader of our blog knows, California employers are prohibited from discriminating on the basis of national origin (among other classifications). The Fair Employment and Housing Commission (“FEHC”) recently issued new regulations, which go into effect on July 1, 2018, expanding the definition of “national origin” to include an individual’s or ancestors’ actual or… Continue Reading
San Francisco’s New Rules for Enforcing its Paid Sick Leave Ordinance
Posted in Labor Law, New Legislation and Regulations, Wage & HourOn May 7, 2018, the San Francisco Office of Labor Standards Enforcement (OLSE) published 14 new rules for interpreting the San Francisco Paid Sick Leave Ordinance (“PSLO”). The PSLO was amended on January 1, 2017. The new rules take effect on June 7, 2018. We’ve summarized the 5 rules that our clients most frequently ask… Continue Reading
The California Supreme Court Makes It More Difficult to Classify Workers as Independent Contractors – Assumes all Workers are Employees
Posted in Employment Contracts and Agreements, Labor Law, New Legislation and Regulations, Wage & HourOn April 30, 2018, the California Supreme Court applied an expansive definition of independent contractor in a ruling that is sure to have a dramatic impact on many California businesses, and the burgeoning gig economy in particular. In the case of Dynamex Operations W. v. Superior L.A. County, a class action was brought on behalf… Continue Reading
Medical Cannabis Users May Soon be Protected Under FEHA – AB 2069
Posted in Employee Privacy Rights, Employment Contracts and Agreements, Labor Law, New Legislation and Regulations, Retaliation and Wrongful Termination, Wage & HourAssembly Bill (“AB”) 2069 was introduced by the California Assembly on February 7, 2018. Currently, California employers can deny employment or impose discipline on cannabis users, regardless of whether such use is for medical purposes. AB 2069 would amend the Fair Employment and Housing Act (“FEHA”) to make it an unlawful practice for an employer… Continue Reading
WEBINAR: Worker’s Compensation and Employment Law – Preventing Claims from Turning into Employment Lawsuits
Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations, Wage & HourNavigating a worker’s compensation claim in California can be challenging, to say the least. It involves a detailed understanding of several statutory schemes and steps along the way. Yet, processing the claim, insurance, and proper documentation can just be the start. Wary employers should carefully consider the labor and employment implications of a worker’s compensation… Continue Reading
Protecting Your Religious Entity Exemption Under The FEHA While Complying With Other Laws
Posted in Discrimination, Harassment, Labor Law, New Legislation and Regulations, Retaliation and Wrongful Termination, Wage & HourWe all understand the common meaning of the word “employer.” In California, “employers” need to keep track of the various rules and regulations, all of which have their own definitions of the word. Most frequently, the number of employees dictates whether a given statute or ordinance applies to the employer. In addition, California’s Fair Employment… Continue Reading
Attorney Beth West Testifies Before the California Legislature
Posted in Discrimination, Harassment, Labor Law, New Legislation and Regulations, Retaliation and Wrongful Termination, Wage & HourWeintraub Tobin Shareholder, Beth West, shared her expertise and testified before the California Legislature’s Subcommittee on Sexual Harassment Prevention and Response on February 15, 2018. The hearing focused on the legal issues surrounding sexual harassment and Ms. West’s testimony identified challenges employers face in having effective anti-harassment programs in place, as well as some legal… Continue Reading
California Labor Commissioner and Attorney General Jointly Answer “Frequently Asked Questions” on Immigration Sweeps
Posted in Employee Privacy Rights, Labor Law, New Legislation and Regulations, Wage & HourIn case you haven’t noticed, immigration has been a hot topic of discussion in the news lately. While debates over Dreamers and the wall have dominated those discussions, the workplace has been swept into it all as well. On the one hand, the federal government’s efforts to curb illegal immigration have reached the workplace via… Continue Reading
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