Back 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
Category Archives: New Legislation and Regulations
Subscribe to New Legislation and Regulations RSS FeedDo 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
Protected Leave For New Parents Now Applies to Mid-Size Employers in California
Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and RegulationsThe federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) have long required large employers with 50 or more employees to provide unpaid job-protected parental leave for employees to bond with a new child. Effective January 1, 2018, the New Parent Leave Act (NPLA) extends similar parental leave requirements to… Continue Reading
You Aren’t In Kansas Anymore, Dorothy: A Common Sense Method of Complying with California’s New Fair Pay Act
Posted in New Legislation and Regulations, Wage & HourSummary of Program For decades the California Equal Pay Act has prohibited an employer from paying its employees less than employees of the opposite sex for equal work. On October 6, 2015, Governor Brown signed the California Fair Pay Act (SB 358), which strengthened the Equal Pay Act in a number of ways. Then,… Continue Reading
New Year, New Minimum Wage
Posted in Labor Law, New Legislation and Regulations, Wage & HourEffective January 1, 2018, California’s minimum wage rate increased to $11.00 per hour (from $10.50) for employers with 26 or more employees and $10.50 per hour (from $10.00) 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
Settling Individual Labor Code Violations Kills PAGA Claims
Posted in Labor Law, New Legislation and Regulations, Wage & HourOn December 29, 2017, in Kim v. Reins International California, Inc., the Second District Court of Appeal in Los Angeles ruled that a plaintiff no longer has standing to assert PAGA claims once the plaintiff has settled and dismissed his individual claims against his employer. This decision could have far-reaching implications in PAGA litigation, changing… Continue Reading
The NLRB Reverses Itself – Good News for Employers and Their Employment Policies
Posted in Employee Privacy Rights, Labor Law, New Legislation and RegulationsIn its December 14, 2017 decision entitled Boeing Company and Society of Professional Engineering Employees in Aerospace, IFPTE Local 2001 (“Boeing”), the National Labor Relations Board (“NLRB”) reversed itself and adopted a new and much more realistic standard for evaluating whether employment policies and rules violate the National Labor Relations Act (“NLRA”). To read the… Continue Reading
DLSE Issues New Guidance on Rest Breaks – Is Your Handbook Up to Date?
Posted in Labor Law, New Legislation and Regulations, Wage & HourThe Division of Labor Standards Enforcement (“DLSE”) recently issued updated guidance regarding rest breaks that reverses its previous position, which permitted employers to require that employees stay on work premises during their rest periods. In this new guidance, the DLSE states that employers “cannot impose any restraints not inherent in the rest period requirement itself,”… Continue Reading
Now Available! Weintraub Tobin’s 2018 Labor and Employment Seminar and Training Schedule
Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Employment Contracts and Agreements, Harassment, Labor Law, New Legislation and Regulations, Reductions in Force, Retaliation and Wrongful Termination, Trade Secrets and Competition, Uncategorized, Wage & HourWeintraub Tobin’s 2018 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
New Transgender Rights Poster Required for California Workplaces
Posted in Discrimination, Harassment, Labor Law, New Legislation and Regulations, Wage & HourOn October 15, 2017, California’s Governor Jerry Brown signed SB 396 into law, requiring new training and posters for California employers. Currently, California law requires employers with 50 or more employees to provide at least 2 hours of sexual harassment training to supervisors every two years. This new bill requires those employers to also include… Continue Reading
SAVE THE DATE – Mandatory AB 1825 Sexual Harassment Prevention Training
Posted in Discrimination, Harassment, Labor Law, New Legislation and Regulations, Retaliation and Wrongful Termination, Wage & HourWeintraub Tobin will be holding their final session of AB 1825 training for the year on December 14, 2017. If you are an employer with 50 or more employees, and have supervisors who have not been trained, or are in need of a refresher course, then don’t miss out. This training will comply with all… Continue Reading
California Governor Signs Bill Restricting “ICE” Access to Worksites
Posted in Employee Privacy Rights, Labor Law, New Legislation and Regulations, Wage & HourOn October 5, 2017, California Governor Jerry Brown signed Assembly Bill 450 into law. This bill requires a warrant for employers to allow immigration enforcement agents to enter a worksite. Background Current law prohibits employers or individuals from engaging in an unfair immigration-related practice. Existing law provides a substantial number of unfair immigration practices.
General Contractors Now Liable in Private Construction for Wage and Fringe Benefit Liabilities of Subcontractors
Posted in Labor Law, New Legislation and Regulations, Wage & HourOn October 14, 2017, California Governor Jerry Brown signed AB 1701. This law imposes liability on general contractors for wage and fringe benefit liabilities of its subcontractors. This law applies to all contracts entered into on or after January 1, 2018, that require a direct contractor for construction, alteration, or repair of a building. Background… Continue Reading
California Governor Signs “New Parent Leave Act”
Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations, Wage & HourOn October 12, 2017, California Governor Jerry Brown signed Senate Bill 63 (“the New Parent Leave Act”). Under the new law, employers may not refuse to allow certain employees to take up to 12 weeks of parental leave to bond with a new child. When the leave is taken, the employer must guarantee the same… Continue Reading
State-Wide BAN THE BOX Law No More Criminal Conviction Questions on Employment Applications
Posted in Employee Privacy Rights, Labor Law, New Legislation and RegulationsOn October 14, 2017, Governor Brown signed Assembly Bill 1008 (the “Fair Chance Act”). The new law puts in place some protections for those individuals with criminal backgrounds seeking employment. The new law will be contained in Section 12952 of the California Government Code. Background. Existing law prohibits an employer, whether a public agency or… Continue Reading
No More Questions About, Or Use Of, Prior Salary Information In Employment
Posted in Employee Privacy Rights, Labor Law, New Legislation and Regulations, Wage & HourOn October 12, 2017, Governor Brown signed Assembly Bill 168. Consistent with some other state laws and local ordinances passed by certain municipalities like San Francisco, the new law prohibits the inquiry and use of prior salary information except in limited situations. The new law will be contained in Labor Code section 432.3 and becomes… Continue Reading
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