In this episode of California Employment News, Lizbeth (Beth) West and Meagan Bainbridge present part one of the Workplace Investigation Series, discussing how to start an investigation following an employee complaint.
Watch this episode on the Weintraub YouTube channel.
California Labor Code section 512 guarantees a thirty (30) minute, off-duty, meal period for employees after five (5) work hours, and a second thirty (30) minute, off duty, meal period after ten (10) work hours. Section 512 also provides that, for shifts between five (5) and six (6) hours, the first meal period “may be waived by mutual consent of both the employer and employee.” (§ 512(a).) Most Wage Orders issued by the Industrial Welfare Commission (IWC) similarly provide for meal periods and their waiver.
Continue Reading Are Prospective Meal Period Waivers Enforceable? YES – If Done Properly
Shortly after taking office, President Trump signed Executive Order 14173 (“Ending Illegal Discrimination and Restoring Merit-Based Opportunity”) commonly referred to as the “Anti-DEI Order” (hereinafter simply referred to as the “Ex. Order”). Among other things, the Ex. Order directs federal agencies “to combat illegal private-sector DEI preferences, mandates, policies, programs, and activities.” However, as pointed out by many legal commentators and at least one federal district court, the Ex. Order conspicuously does not define what constitutes an “illegal DEI preference or program.”
Continue Reading The DOJ and EEOC Move Forward With Enforcement Of The President’s Executive Order 14173 (aka ANTI-DEI ORDER)Recent legal developments have impacted drug and alcohol policy enforcement in the workplace. In this episode of California Employment News, Weintraub Labor & Employment attorneys Lizbeth “Beth” West and Ryan Abernathy provide an overview of the latest legal updates, best practices for implementing these policies, and how they apply to remote workers.
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This is a follow-up to our recent blog post regarding Senate Bill 399 (“SB 399”) and its prohibition on an employer’s right to take adverse action against an employee who refuses to attend meetings related to “political matters” or “religious matters.” (See post here). As we indicated in the blog, it was anticipated that SB 399 would be challenged in the courts. Sure enough!
Continue Reading Lawsuit Filed by CA Chamber of Commerce: Challenging Senate Bill 399