Figuring out how many employees to schedule each day can be an inexact science. Unexpected surges or lulls in customers, employee absences due to illness or emergencies, and various other circumstances can impact personnel needs. Employers sometimes choose to navigate these situations by overscheduling and then cutting loose employees who are not ultimately needed. That… Continue Reading
Category Archives: Wage & Hour
Subscribe to Wage & Hour RSS FeedUpcoming Seminar: Exempt Status – More Than Just a Salary
Posted in Employment Contracts and Agreements, Labor Law, New Legislation and Regulations, Wage & HourSummary 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
Upcoming 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
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
Employer’s Rounding Policy Upheld and Employees Lose Their Class Action & PAGA Lawsuit
Posted in Labor Law, Wage & HourOn December 10, 2018, the Fourth Appellate Court decision in Kennedy Donohue v. AMN Services, LLC (“AMN”) was certified for publication and it brings good news for California employers who use a neutral rounding timekeeping system. The case involved a class action and PAGA action brought by Ms. Donohue on behalf of nurse recruiters who… 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
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
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
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
GOOD NEWS EMPLOYERS – The U.S. Supreme Court Says You Can Require Class Action Waivers In Your Arbitration Agreements
Posted in Employment Contracts and Agreements, Labor Law, Wage & HourOn May 21, 2018, the United States Supreme Court issued its much anticipated decision in Epic Systems Corp. v. Lewis. In a 5-4 decision written by the newest jurist, Justice Gorsuch, the Court declares that employers can require employees to arbitrate their employment disputes individually and waive their rights to resolve those disputes through class… 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
Are You Doing it Right? California Supreme Court Clarifies Overtime Rate Calculations
Posted in Labor Law, Wage & HourIt is an old joke that the world can be divided into people who are good at math and those who go to law school. Whether you believe the joke or not, math – or in this case, simple arithmetic – can be at the heart of many wage and hour questions. On March 5,… 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
Have You Ever Disagreed With An Employee About How They Should Do Their Work?
Posted in Discrimination, FMLA and Other Leaves of Absence, Harassment, Labor Law, Retaliation and Wrongful Termination, Wage & HourBeware. 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
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
California Fair Pay Act Confusion – Understanding California Labor Code Section 1197.5
Posted in Labor Law, Wage & HourThe following discussion concerns the California Fair Pay Act, and how to apply it. If you are unfamiliar with the Act, you may wish to begin by reading this blog. I get calls from employers asking: “When I group my employees by substantial similarity of work, how do I know that I am doing it… 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
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
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