Earlier this month, the U.S. Equal Employment Opportunity Commission (EEOC) released a new poster that employers are required to display in their workplaces. The “Know Your Rights: Workplace Discrimination is Illegal” poster updates and replaces the previous “Equal Employment Opportunity is the Law” poster. According to the press release, the new poster includes the following changes:  Continue Reading Employers Take Note – New EEOC Poster Available for Immediate Posting

In California, it has long been the rule that an employer is entitled to use a rounding policy “if the rounding policy is fair and neutral on its face and ‘it is used in such a manner that it will not result, over a period of time, in failure to compensate the employees properly for all the time they have actually worked.’” (See’s Candy Shops, Inc. v. Superior Court (2012) 210 Cal.App.4th 889, 907 (See’s Candy I), quoting 29 C.F.R. § 785.48(b) and citing Division of Labor Standards Enforcement (DLSE) Enforcement Policies and Interpretations Manual (2002 rev.) §§ 47.1, 47.2 (DLSE Manual). However, since that ruling in 2012, California courts have slowly chipped away at that rule. Most recently, the California Supreme Court held that rounding is not permitted for purposes of meal breaks. (See Donohue v. AMN Services, LLC, 11 Cal. 5th 58.) Now, a California Court of Appeal has determined a rounding policy that was otherwise neutral on both its face, and in application, to be unlawful. This ruling calls into question whether California employers may continue rounding employees time under any circumstance. Continue Reading Rounding Policies Called Further Into Question

In this episode of California Employment NewsLizbeth (Beth) West and Meagan Bainbridge present part four of the Workplace Investigation Series, discussing best practices for effectively memorializing the investigation in a report. Continue Reading California Employment News: Creating the Report for a Workplace Investigation (Part 4)

On September 29, 2022, Governor Newsom signed Senate Bill 1044 which grants new protections and rights to most California employees in the case of emergency conditions in the workplace. Continue Reading New Law Says Employees Can Refuse to Come to Work When Emergency Conditions Exist in the Workplace

COVID-19 Supplemental Paid Sick Leave (“SPSL”) was set to expire on September 30, 2022.  However, on September 29, 2022 Governor Newsom signed Assembly Bill 152 (“AB 152”), which extends SPSL through the end of the year.  The bill took effect immediately. Continue Reading AB 152 Extends COVID-19 Supplemental Paid Sick Leave and Provides a Grant Program to Aid Small Businesses