By Rabbie Mojaddidi | Published June 1, 2022 | Posted in Employment Law, Labor Law | Tagged Tags: employment law, Labor law | Comments Off on California Supreme Court Says Meal/Rest Break Premiums Constitute “Wages”
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
Read More2022 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
Read MoreCalifornia 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
Read MoreEmployers Must Provide Standalone Forms to Obtain Consent of Pre-Employment Background Checks
Employers who use third party vendors to perform background checks on prospective employees must comply with the Fair Credit Reporting Act (FCRA) and California’s Investigative Consumer Reporting Agencies Act (ICRAA). The FRCA and ICRAA require employers to give specific and analogous disclosures about an applicant’s rights under the applicable laws and obtain express consent. Because Read More
Read MoreDo Not Sugarcoat Performance Reviews!
IMPORTANCE OF PERFORMANCE REVIEWS Periodic employee performance reviews can be valuable tools to help employers improve performance and employee morale at their company. Effective performance reviews can reinforce an employer’s business principles and priorities and help foster the skills the employer wants its employees to develop. They can also help employers gather information needed to Read More
Read MoreCan I force my employee to sign a non-compete agreement? Will it later be enforceable?
I am always surprised to hear about California employers forcing their employees to sign non-compete agreements as a condition of employment. This is likely because most employers are unaware that a non-compete agreement is unlawful in California unless the agreement falls within one of the narrow statutory exceptions specified in the California Business & Professions Read More
Read MoreHave you Received a Notice from the Labor Commissioner About an Employee Suing You?
Many California employers have received a notice of conference from the labor commissioner. This is because California employees or former employees can bring their wage and hour claims before the state’s Division of Labor Standards Enforcement (DLSE). The DLSE enforces California’s labor laws and wage orders. Under the California labor code, the labor commissioner (who Read More
Read MoreThe Importance of an NDA in Your Business
If you are launching a new product or pitching investors, you need an NDA. Throughout the existence of your business, you have likely developed unique ideas, systems, processes, strategies, and plans that you want kept secret. Your customer and supplier relationships might also require you to keep certain information like ordering history or billing addresses 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 MoreRetail 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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