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Category Archives: Wage & Hour

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Have You Ever Disagreed With An Employee About How They Should Do Their Work?

By Charles L. Post on Posted in Discrimination, FMLA and Other Leaves of Absence, Harassment, Labor Law, Retaliation and Wrongful Termination, Wage & Hour

Beware.  Routine criticisms of job performance when directed to employees engaged in a caring profession, may subject you to retaliation and whistleblower claims. So you hire an employee, call her a brick layer.  She is a horrible brick layer.  You get in constant arguments with her concerning the quality of her brick laying.  You say… Continue Reading

Protecting Your Religious Entity Exemption Under The FEHA While Complying With Other Laws

By Shauna N. Correia on Posted in Discrimination, Harassment, Labor Law, New Legislation and Regulations, Retaliation and Wrongful Termination, Wage & Hour

We 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

By Ramona Carrillo on Posted in Discrimination, Harassment, Labor Law, New Legislation and Regulations, Retaliation and Wrongful Termination, Wage & Hour

Weintraub 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

By Lukas Clary on Posted in Employee Privacy Rights, Labor Law, New Legislation and Regulations, Wage & Hour

In 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

You Aren’t In Kansas Anymore, Dorothy: A Common Sense Method of Complying with California’s New Fair Pay Act

By Marketing on Posted in New Legislation and Regulations, Wage & Hour

  Summary 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

Settling Individual Labor Code Violations Kills PAGA Claims

By Zack Thompson on Posted in Labor Law, New Legislation and Regulations, Wage & Hour

On 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

DLSE Issues New Guidance on Rest Breaks – Is Your Handbook Up to Date?

By Meagan Bainbridge on Posted in Labor Law, New Legislation and Regulations, Wage & Hour

The 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

By Ramona Carrillo on 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 & Hour

Weintraub 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

By Michelle Covington on Posted in Discrimination, Harassment, Labor Law, New Legislation and Regulations, Wage & Hour

On 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

By Ramona Carrillo on Posted in Discrimination, Harassment, Labor Law, New Legislation and Regulations, Retaliation and Wrongful Termination, Wage & Hour

Weintraub 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

By Michelle Covington on Posted in Employee Privacy Rights, Labor Law, New Legislation and Regulations, Wage & Hour

On 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

By Michelle Covington on Posted in Labor Law, New Legislation and Regulations, Wage & Hour

On 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”

By Michelle Covington on Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations, Wage & Hour

On 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

No More Questions About, Or Use Of, Prior Salary Information In Employment

By Beth V. West on Posted in Employee Privacy Rights, Labor Law, New Legislation and Regulations, Wage & Hour

On 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

Obama’s Overtime Rule Struck Down By Court

By Michelle Covington on Posted in Labor Law, New Legislation and Regulations, Wage & Hour

A Texas federal court struck down a rule that would have expanded those eligible for overtime pay.  The Department of Labor’s rule would have required overtime pay to most salaried employees who earn less than $47,476 annually.  This would have been a dramatic increase from the current salary level of $23,660.  The rule was expected… Continue Reading

ATTENTION EEO-1 EMPLOYERS –YOU DON’T HAVE TO REPORT PAY DATA TO THE EEOC IN MARCH 2018 AFTER ALL

By Beth V. West on Posted in Discrimination, Employee Privacy Rights, Labor Law, New Legislation and Regulations, Wage & Hour

On August 29, 2017, the Office of Information and Regulatory Affairs (OIRA) issued a memo to the EEOC advising that the Office of Management and Budget (OMB) is initiating a review and an immediate stay of the effectiveness of those aspects of the EEO-1 form that were revised on September 29, 2016. Those  revisions included… Continue Reading

San Francisco Passes “Lactation in the Workplace Ordinance”

By Shauna N. Correia and Michelle Covington on 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

By Beth V. West on 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

By Beth V. West on 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

By Shauna N. Correia on 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

By Beth V. West on 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