Before leaving office, Governor Schwarzenegger signed Senate Bill 602 which amended California’s Health and Safety Code to provide that, except in certain circumstances, all “food handlers” must obtain a food handler card on or before July 1, 2011. Before Senate Bill 602, the law generally required an owner or designated employee of a food establishment to successfully pass an approved and accredited food safety certification examination from an accredited certification organization.

Continue Reading LAW ALERT: Attention Food-Service Employers:Your Employees May Be Required To Have a Food Handlers Card By July 1, 2011

Yesterday’s decision in Thompson v. North American Stainless (S.Ct. 1/24/11) illustrates that retaliation may now be the most employee/plaintiff friendly area in employment law.  There, a unanimous Court held that an employee, who was fired for his fiancée’s protected activity, was also protected by Title VII.

Continue Reading LAW ALERT: Jumping Off the Cliff – Supreme Court Expands Retaliation To Protect Employee for His Fiancee’s Protected Activity

In a decision that has already stirred substantial controversy, the California Court of Appeal recently held that an employee’s communications to her attorney are not privileged because they took place on her employer’s email system. Privileged communications cannot be discovered or used as evidence in a lawsuit. 

Continue Reading LAW ALERT: Employee Email Communications with Counsel Not Privileged According to Recent Third District Court of Appeals Decision

On October 30, 2010, the California Court of Appeal published its’ decision in Hernandez v. Chipotle Mexican Grill, Inc., B216004 (Published 10/30/10). Restaurants and California employers have been inundated with class action lawsuits involving meal and rest period claims. The case addressed California’s meal and rest period laws on both an individual and class action lawsuit basis. California employers have long been waiting for the California Supreme Court’s decision in Brinker Restaurants v. Superior Court. Until the Brinker decision is issued, our appetite will have to be satisfied with the Chipotle decision. 

Continue Reading LAW ALERT: Better than their Barbacoa, Chipotle’s Court of Appeal Victory Provides Much Needed Clarification Regarding Employer’s Responsibility For Providing Meal & Rest Periods

Everyone with operations in San Francisco needs to remember that San Francisco has its own minimum wage law.   However unlike the Federal minimum wage or California’s minimum wage, San Francisco’s is indexed to inflation. That means, no new vote, no new discussion of the impact on struggling businesses. Indexing the minimum wage to inflation makes this increased cost to employers automatic.

With no inflation in 2009, the minimum wage did not rise last year. However, inflation is up and so is the minimum wage in SF as of 1/1/2011.  The new rate will be $9.92 per hour. Employers will also have to shell out for the cost of the new poster.