By Rabbie Mojaddidi | Published August 31, 2021 | Posted in Employee Rights, Employment Issues, Labor Law | Tagged Tags: California employment law, California Labor Code, Labor Code 1198.5, Labor Code 226, Labor Code 432 | Comments Off on What Documents Can Employees Request?
What Documents Can Employees Request?
Three California Labor Code sections deal with employment document retention and production. They are as follows: Labor Code §§ 226, 432, and 1198.5. Labor Code § 432 Labor Code § 432 requires an employer to give to an employee any document relating to the obtaining or holding employment signed by the employee whenever requested by Read More
Read MoreRegular Rate of Pay Applies When Calculating Meal and Rest Period Penalties
Regular Rate of Pay Applies When Calculating Meal and Rest Period Penalties The California Supreme Court recently decided that calculation of the required one hour premium payment for missed, late or short meal and rest breaks must take into account all nondiscretionary payments, such as certain types of bonuses and shift premiums. Below we outline Read More
Read MoreCalifornia Mandates COVID-19 Supplemental Paid Sick Leave Through the End of 2020 for Employers with 500 or More Employees in the U.S.
On September 9, 2020, Governor Newsom signed Assembly Bill 1867 (“AB 1867”), which, among other things, provides COVID-19 supplemental paid sick leave for every California employee who is not otherwise covered by the Families First Coronavirus Response Act (“FFCRA”). The law applies to employers with over 500 employees as well as public and private employers Read More
Read MoreNew Round of Guidance on the Families First Coronavirus Response Act
New Round of Guidance on the Families First Coronavirus Response Act As explained in our prior blogs (see Families First Coronavirus Response Act – What We Know and Additional Guidance on the Families First Coronavirus Response Act), Congress has created two new forms of paid leave benefits that will go into effect on April 1, Read More
Read MoreAdditional Guidance on the Family First Coronavirus Response Act
Additional Guidance on the Family First Coronavirus Response Act Last week, we wrote about the passage of the Family First Coronavirus Response Act (“FFCRA”). As mentioned in that piece, the FFCRA stated that various federal agencies would be issuing additional guidelines as a means of clarifying the new, sweeping law. On Tuesday, March 24, 2020, the Read More
Read MoreCal-WARN Suspended: Guidance For Employers
Cal-WARN Suspended: Guidance For Employers Due to Executive Order N-33-20 (“Stay At Home Order”) and the economic downturn caused by COVID-19, many businesses are being forced to close or lay off workers. When either occurs, employers must give careful attention to notice obligations under the federal WARN Act (“WARN”) and its state equivalent, Cal-WARN. WARN Read More
Read MoreNew Privacy Rights Are On the Way: What Your Marketing and Human Resources Departments Need to Know
Teaser: The California Consumer Protection Act (CCPA) becomes effective January 1, 2020. Failure to comply with this Act risks regulatory and private action including fines of $2,500 per violation. The Act defines a consumer as a California resident, which includes your employees. We recommend a five-step plan for your business. The California Consumer Protection Act Read More
Read MoreWhether Continued Employment is Acceptance of an Arbitration Agreement?
When a California employer changes its policies to include mandatory arbitration, does an employee’s continued employment after notification that an agreement to arbitration is a condition of continued employment, maintain that the employee has impliedly consented to the arbitration agreement? In Diaz v. Sohnen Enterprises, this exact question arose. There, all employees of Sohnen Enterprises Read More
Read MoreWhy Should I Care About The Dynamex Decision?
Many California business owners have used independent contractors in an effort to grow their businesses and keep cost down. Many businesses have used independent contractor arrangements in an effort to “retire” an employee such that the former employee will provide consulting agreements. On April 30, 2018, the California Supreme Court issued its decision in Dynamex Operations Read More
Read MoreEmployees Must Be Paid for Work Off the Clock
On Thursday, July 26, 2018, the Supreme Court of California issued its ruling in Troester v. Starbucks Corporation, No. S234969, 2018 WL 3582702, which held that California employees must be paid for all hours worked “off the clock,” including small time periods, which is a deviation from the federal law’s employer-friendly “de minimis” rule. What Read More
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