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In the News: Lizbeth West In SBJ Article “California Raising the Minimum Wage is Causing a Domino Effect”

Posted in New Legislation and Regulations, Wage & Hour

Minimum Wage Hikes Leave Businesses Feeling the Pinch

by Scott Rodd, Sacramento Business Journal

California’s minimum wage is set to increase annually over the next three years, and businesses large and small are feeling the pinch.

On Jan. 1, the minimum wage rose from $11 to $12 for companies with more than 25 employees, and from $10.50 to $11 for companies with 25 or fewer employees. The state minimum wage will increase to $15 in 2022 for companies with more than 25 employees and in 2023 for companies with 25 or fewer employees. That increase is up from $10 an hour — or $10.50 for companies with more than 25 employees — in 2017. Continue Reading

Employees Are Entitled to Reporting Time Pay if Required to Call In to Confirm Shifts

Posted in Employment Contracts and Agreements, Labor Law, Wage & Hour

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 approach, however, triggers “reporting time” obligations, under which those employees are entitled to a minimum amount of pay for reporting for work. But what does it mean to “report for work”?  What if an employer allows employees to call in a few hours before a scheduled shift to determine whether they are needed? Are employees required to physically show up to trigger reporting time obligations, or do these phone calls constitute “reporting for work” for this purpose? The answer is the latter according to a recent California appellate court in Ward v. Tilly’s, Inc. Continue Reading

Upcoming Seminar: Exempt Status – More Than Just a Salary

Posted in Employment Contracts and Agreements, Labor Law, New Legislation and Regulations, Wage & Hour

Summary 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 professionals gain a more thorough understanding of the various exemptions available under California law and learn how to conduct an exemption analysis in order to reduce potential liability. Continue Reading

Co-Worker Non-Solicitation Provisions in Jeopardy?

Posted in Employment Contracts and Agreements, Labor Law, Trade Secrets and Competition

For years, California courts have recognized the right of employers to use non-solicitation provisions in employment agreements to prevent employees from “soliciting” their coworkers to join them at a new employer.  For instance, in 1985, a California appellate court in Loral Corp v. Moyes, 174 Cal.App.3d 268 (1985), held that a non-solicitation of fellow employees provision in an employment agreement was lawful because the co-workers were free to seek employment with a competitor, they just couldn’t be contacted first by the departing employee. 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 & Hour

Summary 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, the California Supreme Court issued a decision that made independent contractor status even harder to establish under some circumstances – so now the risk of misclassification is amplified! Continue Reading

Neutral Solutions 2019: A New Year that Brings New Training Obligations

Posted in Employee Privacy Rights, Employment Contracts and Agreements, Harassment, Labor Law, New Legislation and Regulations

While it has always been good practice for employers of all sizes to train both their supervisory employees and non-supervisory employees on the prevention of harassment, California law now mandates such training by 1/1/20 (and every 2 years thereafter) for any employer with 5 or more employees.  The attorneys in Weintraub Tobin’s Labor & Employment Department have years of experience conducting energetic, compliant, and effective harassment prevention training for employers of all sizes and in all industries.  The Training Division of the Labor & Employment Department is headed up by Shareholder Beth West.  Feel free to reach out to her or Department assistant Ramona Carrillo if you are interested in scheduling training – we are available to discuss a training program that meets the specific needs of your workplace. Continue Reading

New Year, New Minimum Wage

Posted in Labor Law, New Legislation and Regulations, Wage & Hour

Effective 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 with 26 or more employees and January 1, 2023 for employers with 25 or fewer employees.

In California, many cities are increasing their minimum wages faster than the state. Click here for a chart of increases set to take place in 2019.

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 & Hour

Brendan 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 California Judges Association’s Employment Litigation 2019: Facing Workplace Realities in Divisive Times on Saturday, February 23, 2019 at Hilton Los Angeles/Universal City.  Highlights include: Sexual Harassment and Retaliation, Wage and Hour, PAGA, New California Rules of Professional Conduct (eff. 11/1/18), A Conversation with Calif. Supreme Court Justices Ming W. Chin and Leondra R. Kruger.  For more information on this seminar, please visit: https://www.theruttergroup.com/index.cfm?p=36&lp=216.

Employer’s Rounding Policy Upheld and Employees Lose Their Class Action & PAGA Lawsuit

Posted in Labor Law, Wage & Hour

 On 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 worked for AMN.  Ms. Donohue claimed that AMN had violated various California wage and hour laws and brought claims for: 1) failure to provide meal and rest periods in violation of Labor Code sections 226.7 and 1197.1; 2)  failure to pay overtime and minimum wage in violation of Labor Code sections 510 and 1197.1; 3) improper wage statements in violation of Labor Code section 226; 4) unreimbursed business expenses in violation of Labor Code section 2802; 5) waiting time penalties in violation of Labor Code sections 201-203; 6) unfair business practices in violation of Business and Professions Code section 17200; and 7) civil penalties authorized by the Labor Code Private Attorneys General Act of 2004  (PAGA), under Labor Code section 2698 et seq. 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 & Hour

Tuesday, 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.