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The California Legislature has been pretty busy this year introducing various bills that will affect certain California employers.  Below is a brief summary of two bills recently signed by the Governor – one that amends the new mandatory sick leave law, and one that ensures that professional cheerleaders are treated as employees for purposes of employment entitlements and protections.

Assembly Bill 304 – Amending the New Healthy Workplaces-Healthy Families Act (aka Mandatory Paid Sick Leave Law).Beth-West-15_web

The bill which takes effect immediately, amends the Healthy Workplaces, Healthy Families Act of 2014 that went into effect on July 1, 2015.  Among other things, this bill clarifies that an employee must work for the same employer within California for 30 or more days per year in order to qualify for accrued sick leave.  It also authorizes an employer to provide for employee sick leave accrual on a basis other than one hour for each 30 hours worked, provided that the accrual is on a regular basis and the employee will have 24 hours of accrued sick leave available by the 120th calendar day of employment.   Additionally, the bill clarifies that an employer may limit an employee’s use of paid sick days to 24 hours or 3 days as follows: in each year of employment; in a calendar year; or in a specified a 12-month period.  The bill also provides that an employer has no obligation to inquire into or record the purposes for which an employee uses sick leave or paid time off.Continue Reading The Governor Agrees – Professional Cheerleaders are “Employees” and Employees are Entitled to Paid Sick Leave Pursuant to the Amended Healthy Workplaces-Healthy Families Act

Summary of Program

Federal and state OSHA laws protect California workers from unsafe working conditions.  However, the federal and state statutes and regulations are complex and can be difficult to understand.  This seminar is designed to remove some of the mystery from federal and state OSHA requirements and assist you in maintaining  compliance.  In addition, new regulations require employers to train supervisors about bullying. This seminar will explain those requirements.
Continue Reading Upcoming Webinar – A Health Workplace is a Safe Workplace: Addressing Bullying, Threats and Violence

On June 24, 2015 California’s Senate Bill 406 was passed by the Senate and has been sent to the Assembly Committee on Appropriations.  If passed this bill would implement changes to the Scott-Plamondon-03_webCalifornia Family Rights Act (“CFRA”).   Under the current law, employees may take up to 12 weeks of protected leave during any 12-month period…

In a 5-4 decision authored by Justice Kennedy and joined by Justices Ginsburg, Breyer, Sotomayor, and Kagan, the United State Supreme Court issued a landmark decision in Obergefell at al. v. Hodges, Director, Ohio Department of Health, et al. on June 26, 2015.

The essence of the holding is that:

  1. The right to marry is a fundamental right inherent in the liberty of the person, and under the Due Process and Equal Protection Clauses of the Fourteenth Amendment of the Constitution, couples of the same-sex may not be deprived of that right and that liberty;
  2. The state laws challenged by the petitioners in the consolidated cases before the Court are invalid to the extent they exclude same-sex couples from civil marriage on the same terms and conditions as opposite-sex couples.Beth-West-15_web

Continue Reading The U.S. Supreme Court Has Spoken – The 14th Amendment Requires States to Recognize Same Sex Marriage

A California Labor Commissioner has ruled that one of San Francisco-based Uber’s drivers, Barbara Ann Berwick, is an employee, not an independent contractor. The Labor Commissioner awarded Berwick just over $4,000 for incurred but un-reimbursed business expenses and interest. On a positive note, the Commissioner denied Berwick’s request for wages, liquidated damages, and waiting time penalties.Shauna Correia.standing

Traditionally, it is the “right to control” the means and manner of work that is the primary element of the independent contractor test. Here, though, the Labor Commissioner did not rely on the right to control.  Instead, she noted that the absence of such control is not necessarily dispositive where the actual details of the work required little or no supervision.  
Continue Reading Former Uber Driver Gets a Lyft from the Labor Commissioner