California Employment Law Documentation: Wage Theft Protection Act Notice
One challenge in running a business is knowing each of the forms and notices that must be provided, documented, and posted in the workplace. One of those obligations involves California’s Wage Theft Protection Act, which requires employers to provide nonexempt employees with written notice regarding aspects of their employment upon hire and within seven calendar days following changes to that information. This week’s legal update outlines those obligations and provides a resource to the state’s template notice form, which is available in multiple languages.
California Employment Law Refresher: Meal Periods, Rest Periods, and Premiums (Part 3)
Labor Code section 226.7 sets forth an employer’s obligation to make premium payments for the failure to provide meal periods or authorize and permit rest and recovery periods. Court decisions interpreting this section and other provisions of the Labor Code have defined the manner in which that premium payment is calculated, the statute of limitations for asserting such claims, and whether premium payments trigger other penalties.
California Employment Law Refresher: Meal Periods, Rest Periods, and Premiums (Part 2)
Meal period claims receive most of the wage and hour attention, but failure to comply with California’s rest period obligations can also result in employer liability. This week’s Friday Legal Update outlines the basic rules regarding rest (and recovery) periods, potential exemptions, and strategies to ensure compliance.
California Employment Law Refresher: Meal Periods, Rest Periods, and Premiums (Part 1)
Nearly two decades after the California Supreme Court concluded that meal and rest period premiums constitute wages or premium pay governed by a three-year statute of limitations rather than the one-year statute of limitations governing penalties, meal and rest period claims continue to be a fixture in California employment litigation. Subsequent cases further refined the scope of these claims, dictating, among other things, the way in which premium pay is calculated, whether meal periods can be rounded, how rest periods are compensated for employees earning piece rate wages, and whether unpaid premiums trigger derivative penalties. This week’s legal update provides a refresher regarding employers’ meal period obligations.
Workplace Violence Restraining Orders: Protecting Employees and the Workplace
Workplaces are typically safe for both employees and patrons. However, on occasion, workplaces can experience violence or threats of violence and other conduct that cause employees and organizations to fear for their health and/or safety. In such instances, in addition to other actions consistent with their legal obligations, employers may seek protective orders limiting access to the workplace and providing protection to employees.
Payment of Wages for Deceased Employees: How to Ensure Compliant Processing of Final Wages While Mourning a Colleague’s Passing
An employee’s passing is never easy to process and takes an emotional toll on the workplace. Soon after that passing, while colleagues are still mourning, employers have to make important decisions and take action regarding various matters, including payment of final wages for the deceased employee. California provides procedures to ensure this payment is made appropriately to those individuals who are authorized to receive it.
Final Day and Final Pay: Ensuring Compliant Payment of Final Wages upon Separation of Employment
California’s rules regarding final payment of wages are famously stringent, with different requirements depending upon whether the separation is voluntary or not and, if voluntary, when notice is provided in relation to the last day worked. Failure to comply with applicable deadlines, to make full and accurate payment in the correct manner, and to include all wages due, can result in waiting time penalties that greatly exceed the amount of unpaid wages. Understanding these rules and establishing payroll systems that ensure timely and accurate payment of wages will not only make the employment separation process run more smoothly, but will also mitigate the risk of employee claims for penalties.
Cupid in the Workplace: Employer Options When Coworkers Connect
On this Valentine’s Day, love may be in the air. As employees spend more of their time at work, and more people find love during their working years, employers are likely to encounter one or more workplace romances. How employers plan for and address those relationships can mean the difference between a productive or chaotic workplace and can reduce the risk of liability for workplace harassment.
Practical Steps for Employers to Engage in the Interactive Process and Provide Reasonable Accommodations
The beginning of each year is a good time to re-evaluate current practices and procedures to ensure supervisors know how to recognize and assist employees in communicating needs and obtaining resources to perform their essential job duties with or without reasonable accommodation.
December 31, 2025 Deadline for Small Employer Registration in CalSavers Program Approaching
Eligible employers with one or more employees who do not have their own retirement savings plan must set up payroll deposit savings arrangement for employee participation no later than December 31, 2025.
California Labor Commissioner Model Whistleblower Protection Notice Available to Employers
As 2024 came to an end, the California Labor Commissioner published its model notice regarding California’s whistleblower laws. Employers who post this notice as outlined are deemed to be in compliance with their obligation to prominently display information for employees about their whistleblower protection rights and responsibilities.
2025 Brings Added Protections for Independent Contractors with the Freelance Worker Protection Act (FWPA)
Agreements for freelance work entered into or renewed on or after January 1, 2025, must be in writing and must set forth specific elements including those related to timing of invoicing and compensation. Failure to comply with the new law, and any action taken to restrict the enforcement of its requirements, may result in a action for damages, attorneys’ fees, costs, and injunctive relief.
Legal Challenge to California Law Restricting Captive Audience Meetings
On December 31, 2024, just before the January 1, 2025 effective date of the California Worker Freedom from Employer Intimidation Act, two well-known and established California business groups filed a federal court challenge to the new law which prohibits employers from subjecting, or threatening to subject, employees to discharge, discrimination, retaliation, or other adverse action for declining to attend an employer-sponsored meeting or to participate in, receive, or listen to any communications with the employer or its agents or representatives, for the purpose of communicating the employer’s opinion about religious or political matters.
California Courts Clarify Application of Federal Law Limiting Forced Arbitration of Cases Involving Claims for Sexual Assault and Sexual Harassment
California courts clarify application of federal law limiting forced arbitration in cases involving claims of sexual assault and sexual harassment.
California Minimum Wage and Salary Increases for 2025
Following 2024’s mid-year increases to minimum wages for certain employees in the fast food and healthcare industries, and consistent with existing law and increases in the consumer price index, California employers must review and update their minimum wages and minimum salaries for all employees effective January 1, 2025.
2025 Legislative Amendments Related to Time Off for Jury Duty, Court Appearances, and Victim-Involved Activities
New legislation impacts employee rights and employer obligations regarding jury duty, court appearances, and victim-involved time off.
2025 Legislation Limits California Employers’ Use of Driver’s License Requirements
2025 legislation restricts California employers from requiring employees to have a driver’s license unless driving is a function of the job and there is no comparable alternative form of transportation to complete the employee’s job duties.
No Mandated Use of Accrued Vacation Before California Paid Family Leave (PFL)
Beginning January 1, 2025, California employers can no longer require employees to use two weeks of accrued vacation before receiving PFL wage replacement benefits to care for certain seriously ill family members, to bond with a minor child within one year of birth or placement, or to participate in a qualifying exigency related to the covered active duty or call to covered active duty of certain family members.
Reminder Regarding Workplace Violence Prevention Planning and Training Obligations Effective July 1, 2024
Labor Code section 6401.9, which went into effect on January 1, 2024, requires most employers to establish, implement, and maintain an effective Workplace Violence Prevention Plan and provide related training on or before July 1, 2024.