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Category Archive
Labor Law
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California Supreme Court Says Meal/Rest Break Premiums Constitute “Wages”

In a much anticipated ruling, on May 23, 2022, the California Supreme Court issued its decision in Naranjo et al. v. Spectrum Security Services, I­nc.  Previously, the Court of Appeal held that unpaid premium payments for meal period violations did not entitle employees to additional penalties for either inaccurate wage statements or failure to timely pay wages Read More

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Cal/OSHA Approves the Third Readoption of the Cal/OSHA Emergency Temporary Standards

On April 21, 2022, Cal/OSHA’s Standards Board voted to approve the Third Readoption of the Cal/OSHA COVID-19 Emergency Temporary Standards (“ETS”). The Third Readoption makes some changes to the ETS previously in effect. Some of the more significant changes include: Key Definition Changes Some of the key definitions of terms used throughout the ETS have Read More

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2022 COVID-19 Supplemental Paid Sick Leave Poster And FAQs Now Available

As we mentioned in our most recent  blog , the 2022 COVID-19 Supplemental Paid Sick Leave went into effect on February 19, 2022 for California employers with more than 25 employees. The California DLSE just released the required 2022 COVID-19 Supplemental Paid Sick Leave Poster which should be in all workplaces and emailed to remote workers. Read More

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California Brings Back COVID-19 Supplemental Paid Sick Leave

Governor Newsom signed Senate Bill 114 on February 9, 2022, resurrecting COVID-19 Supplemental Paid Sick Leave for 2022 (“SPSL 2022”). The new law will be effective on Saturday, February 19, 2022 (10 days after its enactment), but may require payments retroactive to the beginning of 2022 as explained below. The highlights of SPSL 2022 are Read More

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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

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California Further Restricts Employers Trying to Enforce Non-Competes

Companies that have headquarters outside of the Golden State typically have employment contracts that purportedly are governed by the substantive law of the state in which the enterprise is headquartered. Even when the company hires workers who live and work in California, the choice of law provision in an employment agreement generally reigned. While this may Read More

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Retail Giant Nike Not Immune to California’s Wage and Hour Laws

The most recent lawsuit brought against retail giant Nike proves that no company, no matter how big or small, is immune to California’s labor laws. This past week, Nike was handed a wage and hour lawsuit in California. A former employee is responsible for bringing the suit against the athletic-wear powerhouse. According to Omran Hamid, Read More

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Layoff or Reduction-in-Forces: What Does Each Mean for You?

Layoff, reduction-in-forces (RIF), downsizing: Employers use these terms all the time to let employees go, but no matter how they phrase it, the bottom line is that you are out of a job. However, while the end result of each of these actions is always the same, what terminology your employer uses to let you Read More

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Understanding Family Responsibilities Discrimination

Family responsibilities discrimination (FRD) is a common type of employment discrimination that occurs in the workforce, especially towards pregnant women and mothers. However, FRD is not a type of discrimination that many employers even know they are committing. For instance, an employer may choose not to hire someone because they fear that “familial obligations will Read More

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New California Labor Laws to Look Forward to in 2017

Labor laws are constantly changing, and it is important that California employers keep up with those changes so that they do not unknowingly violate any of them. The Pleasanton business attorneys at Garcia & Gurney, ALC ensure that our clients are in compliance with new and old California labor laws, both for their own protection Read More

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