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Tag Archives: New Legislation and Regulations

San Francisco’s Board of Supervisors Severely Limits Employers’ Criminal History Checks and “Bans The Box”

Posted in Labor Law

The San Francisco’s Board of Supervisors has now prohibited the widely used criminal history check box for employment applications. Unless the Mayor vetoes it, the “ban the box” ordinance will become law no later than Thursday, February 13, 2014. In addition to banning the box, the new San Francisco legislation imposes a host of additional… Continue Reading

Upcoming Seminar: Employment Law Update

Posted in Labor Law

2013  – A Year in Review 2014 – An Interesting Year Ahead Summary of Program Join the attorneys from Weintraub Tobin’s Labor and Employment Group as they discuss important legal developments from 2013 and review the complexities of a number of new laws facing employersin 2014.  Sacramento Date:    January 16, 2014 Time:   9:00 a.m. –… Continue Reading

Weintraub Tobin’s 2014 Labor & Employment Seminars and Training Schedule

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

Hot off the print press –  Weintraub Tobin’s 2014 Labor and Employment Training and Seminar Schedule is now available.   Click here for a copy of the schedule. Our Employment Law Update is scheduled for January 16, 2014 (Sacramento) and January 23, 2014 (San Francisco).   Seating is limited so register early to reserve your spot.  Please contact… Continue Reading

Vets Got Class

Posted in Discrimination, Labor Law, New Legislation and Regulations

By:  James L. Brannen Currently, the Fair Employment and Housing Act (FEHA) protects the right of persons to seek, obtain, and hold employment without discrimination on account of various classes including, “race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age,… Continue Reading

Gov. Brown Vetoes Pro Plaintiff Mixed-Motive Bill

Posted in Discrimination, Labor Law, New Legislation and Regulations

This year, lawmakers and their plaintiff’s bar buddies asked Governor Jerry Brown to recast awards in so-called mixed-motive discrimination cases. Brown vetoed Senate Bill 655, leaving in place the State’s high court ruling in Harris v. City of Santa Monica in February 2013. In that 6-0 decision, Brown’s appointee Liu said a workplace firing based… Continue Reading

Notice To Employers – Audit Your Compensation Plans Based On The Increase To California’s Statutory Minimum Wage

Posted in New Legislation and Regulations, Wage & Hour

By: Lizbeth V. West, Esq. On September 25, 2013 Governor Brown signed Assembly Bill 10 into law. Under the new law the statutory minimum wage for California employees will increase from $8 per hour to $9 per hour as of July 1, 2014. Then, on January 1, 2016, the statutory minimum wage will increase to $10… Continue Reading

Nanny State Gives Nannies Overtime Under New California Law

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

On Thursday, Governor Jerry Brown, signed into law AB 241, providing overtime to nannies and other domestic workers in California. The new law requires employers to pay time-and-a-half overtime to any nanny, housekeeper, or personal attendant who works more than nine hours in one day, or 45 hours in a week. Coupled with California’s new… Continue Reading

Employers: Don’t Forget to Provide Your Employees with Timely Notice Under the Affordable Care Act

Posted in New Legislation and Regulations

The Affordable Care Act (ACA) has many mandates for both individuals and employers. While the main employer mandate facing certain large employers (the “play or pay” penalty) has been delayed until 2015, the ACA still requires employers who are otherwise covered by the federal Fair Labor Standards Act (FLSA), to provide a notice to their employees by October 1, 2013 explaining the new Health Insurance Marketplace (“Marketplace”).

Certain Businesses Must Post Public Notices Regarding Rights of Victims of Human Trafficking

Posted in Labor Law, New Legislation and Regulations

By:   Duyen T. Nguyen Civil Code §52.6 requires specified businesses and other establishments, as of April 1, 2013, to post a notice informing the public and victims of human trafficking of telephone hotline numbers to seek help or report unlawful activity. There are specific posting mandates, language requirements, and penalties for failure to post.

EEOC Issues Revised Publications Regarding the Employment Rights of People with Specific Disabilities

Posted in Labor Law, New Legislation and Regulations

By:  Lizbeth V. West, Esq. On May 15, 2013, the EEOC issued a press release announcing revised publications regarding employment rights for four categories of individuals with specific disabilities. The publications address how the Americans with Disabilities Act (ADA) applies to applicants and employees with cancer, diabetes, epilepsy, and intellectual disabilities.

IRS Gives Employers Guidance on the Employer Shared Responsibility Provisions of the Affordable Care Act

Posted in Labor Law, New Legislation and Regulations

By:  Shauna N. Correia Employers should be planning ahead for the January 1, 2014 implementation of the “Employer Shared Responsibility” provisions of the Affordable Care Act. That is because the average number of workers a company employed during 2013 will determine whether an employer is a “large employer,” and must offer minimum levels of health… Continue Reading

Warehouse Contractors Now Protected under Labor Code § 2810

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

By:   Meagan D. Christiansen Labor Code section 2810 states that "[a] person or entity may not enter into a contract or agreement for labor or services with a construction, farm labor, garment, janitorial, or security guard contractor, where the person or entity knows or should know that the contract or agreement does not include funds sufficient… Continue Reading

Department of Transportation to Track Contracting Activity with Businesses Owned by the LBGT Community

Posted in Labor Law, New Legislation and Regulations

By:   Meagan D. Christiansen Existing law required that the Department of General Services track and report on the State’s contracting activity with businesses, including such owner characteristics as ethnicity, race and gender. AB 1960 simply extends the characteristics tracked in the database to include businesses owned by lesbian, gay, bisexual, or transgender individuals. While California… Continue Reading

First “Commission” Agreements Must Be in Writing. Now the Definition of “Commissions” is Limited Under Labor Code § 2751

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

Last year, California revised Labor Code section 2751 such that any employment agreement involving “commission” payments would have to be put into writing with a signed copy of the agreement be given to the employee. Those revisions go into effect on January 1, 2013.

Definition of “Public Works” Broadened to Include the Assembly and Disassembly of Freestanding and Affixed Modular Office Systems

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

By:   Chelcey E. Lieber Governor Brown signed AB 1598 on September 30, 2012, amending Labor Code section 1720 relating to public contracts. The existing law defines the term “public works” for purposes of imposing certain requirements in the payment of prevailing wages. Existing law generally defines “public works” to include construction, alteration, demolition, installation, or… Continue Reading

Background Checks Required For Some Working With Minors In Entertainment Industry

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

By:  James Kachmar Governor Jerry Brown recently signed AB1660 into law. Introduced by Assembly Member Nora Campos, AB1660 amends the Labor Code to require certain people working with minors in the entertainment industry to apply for a Child Performer Services permit and submit to a criminal background check. The bill also prohibits registered sex offenders from… Continue Reading

Amendments to Labor Code §226 Clarify Employers’ Wage Statement Obligations and Add Specific Requirements for Temporary Services Employers

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

By:   Shauna N. Correia Governor Brown recently approved SB 1255, AB 1744 and AB 2674, amending existing Labor Code section 226 relating to wage statements. Existing law requires all employers to provide employees with accurate itemized statements with specific information, either semimonthly or at the time of each payment of wages. Penalties up to $4,000 or… Continue Reading

Governor Brown Signed AB 2103 to Make Clear that “MUTUAL WAGE AGREEMENTS” ARE ILLEGAL IN CALIFORNIA

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

By:   Lizbeth V. West, Esq. As the L&E Law Blog readers may recall from the August 31, 2011 blog post and the teleseminar I conducted on September 14, 2011, the court in Arechiga v. Dolores Press, Inc. (2011) 192 Cal. App. 4th 567 was the sole California decision that held that “mutual wage agreements” were legal… Continue Reading