Correcting Employment Taxes: What to Do If You Withhold the Wrong Amount

by Rachel Gray @ Payroll Tips, Training, and News

Wed Feb 28 05:10:52 PST 2018

It’s easy to make mistakes, especially when you have a million and one things on your plate. One error you could make is deducting the wrong amount from employee wages. Correcting employment taxes is necessary if you withhold too much or too little from your employees’ paychecks. This article provides an overview of employment taxes […]

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Los Angeles Leads California With Proposed Commercial Cannabis Regulations

by Lonnie_Finkel @ California business attorneys | Oakland CA

Thu Aug 17 08:09:40 PDT 2017

On June 8, 2017, the Los Angeles’ City Council released its proposed regulations to govern commercial cannabis activity in the city. Simultaneously, the city’s Planning Department released a draft ordinance that proposes land use and sensitive use requirements for commercial cannabis activity in Los Angeles. These releases mark the next step in the city’s effort ...Read more

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Joint employers can be mutually liable for violations

by wpadmin @ The HR Specialist

Thu Mar 22 13:13:14 PDT 2018

When separate entities seem to share common ownership and one dictates how the other operates, they may be joint employers. That may make them mutually liable for employment law violations.

The California Executive Exemption

by Kevin Panahi @ RecoverMyWages.com

Thu Mar 15 09:47:40 PDT 2018

Have you ever wondered why many employers give fancy titles to rank-and-file employees who don’t have high-level duties that correspond with their titles? The answer is simple, employers use these titles to boost morale and make employees feel important without actually paying them salaries that reflect those extravagant titles. You see, California’s Labor Code has […]

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At Will Employment California, Can My Boss Fire Me At Anytime?

by Kevin Panahi @ RecoverMyWages.com

Wed Feb 15 23:09:12 PST 2017

At Will Employment California law provides that your employer can terminate you at any time, for any legal reason, so long as you are not employed under a contract for a specified term. In other words, pursuant to Labor Code section 2922, your employer can fire you at its own will for almost any reason, […]

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New York Department of Labor Issues Emergency Minimum Wage Regulations Regarding Home Healthcare Attendants, Controverting Recent Appellate Court Rulings

by Noel P. Tripp @ States – Wage & Hour Law Update

Wed Oct 25 12:49:23 PDT 2017

Citing the need “to preserve the status quo, prevent the collapse of the home healthcare industry, and avoid institutionalizing patients who could be cared for at home,” the New York Department of Labor (NYDOL) has issued emergency regulations to ensure consistency with longstanding opinion letters issued by the Department and to clarify that time spent...… Continue Reading

How to Calculate Overtime When both Daily and Weekly Overtime Hours Worked in the Same Week

by Alexei Kuchinsky, Esq @ San Francisco Employment Law Attorney Blog

Sun Jul 27 14:11:30 PDT 2014

The following post is written in a Q & A format and is intended to explain employers and employees California overtime law for computing daily and weekly overtime hours for non-exempt employees. It appears there is a misunderstanding as to the correct method of calculating  overtime hours for certain workweeks during which employee’s work hours […]

Exempt vs. Non Exempt Employee: A California Law Guide

by Kevin Panahi @ RecoverMyWages.com

Sat Sep 23 08:32:01 PDT 2017

California and Federal labor law provide employees basic rights such as minimum wage, overtime, and meal periods. Unfortunately, many different types of workers are “exempt” from obtaining these rights. Determining if an individual is an exempt employee in California requires a complicated analysis, usually best served by an employment attorney well versed in the law. […]

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California Administrative Exemption Guide

by Kevin Panahi @ RecoverMyWages.com

Wed Jan 03 02:48:58 PST 2018

The administrative exemption in California is the most common weapon used by employers to deny employees essential labor rights such as overtime and minimum wages. Most of the time it is properly asserted, but often employees are illegally misclassified, leading to liability and steep penalties for employers. Deadlines (called statutes of limitations) exist for victims […]

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Pennsylvania Governor Seeks to Expand Overtime Pay to Currently Exempt Employees

by Joanna M. Rodriguez and Marla N. Presley @ Wage & Hour Law Update

Mon Jan 22 18:21:15 PST 2018

Frustrated by years of unsuccessful efforts to raise the minimum wage through the state’s Republican-controlled legislature, and in response to the recent federal court invalidation of the Obama-era DOL’s rule that would have doubled the minimum salary requirement for the executive, administrative and professional exemptions (i.e. the “white collar” exemptions) under the FLSA, Pennsylvania Governor...… Continue Reading

Refinery Workers’ Pre-Shift Wait Time Not Compensable, Fifth Circuit Holds

by Jeffrey W. Brecher and Justin R. Barnes @ Wage & Hour Law Update

Mon Nov 27 11:48:18 PST 2017

Concluding that the unstructured time spent by the plaintiffs between arriving at the oil refinery and the beginning of their shifts was not “integral and indispensable” to their duties erecting scaffolds at the refinery, the Fifth Circuit held that this time was not compensable under the FLSA.  Bridges v. Empire Scaffold, LLC, 2017 U.S. App....… Continue Reading

Computer Professional Exemption – A California Guide For Employees

by Kevin Panahi @ RecoverMyWages.com

Sun Oct 22 17:07:49 PDT 2017

Depending on the circumstances, computer programmers, computer systems analyst, software engineers, and other similarly skilled workers can be exempt from overtime under California law as well as the Federal Fair Labor Standards Act (“FLSA”). Applicability of the computer professional exemption for California employees is determined by a narrow test that examines: (1) the level of […]

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Department of Labor Moves to Dismiss Appeal on Obama-Era Overtime Rule (UPDATED 9/7/2017)

by Jeffrey W. Brecher @ States – Wage & Hour Law Update

Tue Sep 05 11:15:25 PDT 2017

As anticipated following last week’s decision by the U.S. District Court for the Eastern District of Texas, striking down the Department of Labor’s May 2016 Final Rule regarding the FLSA’s “white collar” overtime exemptions, the DOL has asked the Fifth Circuit to dismiss its appeal of the district court’s preliminary injunction invalidating the Rule last...… Continue Reading

Are we allowed to tell women they can’t wear pants at work?

by wpadmin @ The HR Specialist

Thu Mar 22 13:21:47 PDT 2018

Q. I am an HR director for a traditional, conservative company and have run into a new issue. When onboarding employees, I always explain our preferred dress code: we prefer women to wear skirts and dresses with pantyhose to work because many of our senior partners are old-fashioned. A new female employee said she would prefer to wear pants. Can we require her to wear a skirt instead?

Wisconsin Bans Workplace Smoking

by admin2 @ Labor Law Education Center: Learn About Labor Laws in Your State

Thu Jul 21 16:12:38 PDT 2016

The Wisconsin smoking ban, which prohibits smoking in virtually every workplace, goes into effect on July 5, 2010. The 2009 Wisconsin Act 12 is more restrictive than many other state smoking bans. It requires business owners to enforce the non-smoking law, and provides greater penalties for business owners who fail to do so. The Wisconsin...

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Refusal to Transfer an Employee as an Adverse Employment Action; or, How Life Imitates 1950s Movies

by David Y. Trevor @ Quirky Questions

Thu Sep 28 14:48:55 PDT 2017

In the classic 1955 movie, Mister Roberts, Henry Fonda plays Doug Roberts, a frustrated Naval officer aboard a supply ship in a backwater area of the Pacific during World War II. Roberts desperately seeks a transfer to a combat ship more directly involved in the war, but he is continually – and maliciously – turned […]

How to Select a Trial Attorney for Your Bay Area Business

by Lonnie_Finkel @ California business attorneys | Oakland CA

Sun Oct 08 13:04:00 PDT 2017

Working with a reputable law firm to assist you in drafting and negotiating agreements for sales, real estate transactions, employment agreements, and intellectual property licenses, has never been more essential to the success of your business. The attorney you choose should be focused on preventing problems and helping you navigate your company through a challenging ...Read more

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Limiting Political Discussions in the Workplace

by Beck Law P.C. @ California Labor & Employment Law

Thu Feb 01 16:28:45 PST 2018

Limiting political discussions in the workplace? It seems that everyone has an opinion on the current state of affairs in Washington, not to mention right here in California. Employers and employees alike may be experiencing some discomfort as the temperature rises in some of these discussions, and one might wonder if limits on speech in […]

2017 Trade Figures Show California Maintains Position as Top Exporting State

by Susanne T. Stirling @ CalChamber Alert

Fri Mar 23 05:54:08 PDT 2018

The U.S. Department of Commerce now has 2017 trade statistics available through the International Trade Administration’s (ITA) “Trade Stats Express.” In 2017, California exported $171.9 billion to 229 foreign economies. California’s top export markets are Mexico, Canada, China, Japan and Hong Kong. California is one of the 10 largest economies in the world with a gross state product of more than $2 trillion. International trade and investment are major parts of the state’s economic engine that broadly benefit businesses, communities, consumers and state government. California’s economy is diverse, and the state’s prosperity is tied to exports and imports of both goods and services by California-based companies, to exports and imports through California’s transportation gateways, and to movement of human and capital resources. U.S. Trade Facts In 2017, combined goods and services imports hit nearly $2.9 trillion and services by itself $538.1 billion: food, feeds, and beverages ($137.8 billion); capital goods ($640.6 billion); automotive vehicles, parts, and engines ($359 billion); and consumer goods ($602.2 billion). The U.S. also had record imports from 47 countries, led by China ($505.6 billion), Mexico ($314 billion) and Italy ($50 billion). In 2017, combined goods and services exports were the second highest on record at $2.3 [...]

Outside Sales Exemption To California Employment Law – A 2018 Guide

by Kevin Panahi @ RecoverMyWages.com

Fri Sep 29 21:31:37 PDT 2017

Are you unsure if California’s outside sales exemption might apply to you and your position? Are you concerned that you may have been misclassified by your employer? Both federal and California laws include several categories of workers which are considered exempt from certain types of fundamental employee rights. One of these classes is that of […]

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Duration of Written Meal Period Waivers Depends on Your Needs

by Barbara Wilber @ CalChamber Alert

Fri Mar 23 05:56:06 PDT 2018

We have employees working 6-hour shifts who want to waive their meal period and employees who want to waive their second meal period after 10 hours. How often do we have to renew the written waiver? Pursuant to the California Labor Code, both the 6- and 10-hour waiver allow an employer and employee to mutually waive the required meal period. Although other types of meal waivers must be in writing, a written waiver is not required in these instances. Meal period rules and regulations are found in both the Industrial Welfare Commission (IWC) orders and in the California Labor Code, Section 512 (stated in part as follows): 512. (a) An employer may not employ an employee for a work period of more than five hours per day without providing the employee with a meal period of not less than 30 minutes, except that if the total work period per day of the employee is no more than six hours, the meal period may be waived by mutual consent of both the employer and employee. An employer may not employ an employee for a work period of more than 10 hours per day without providing the employee with a second meal [...]

Avoid ADA Violations

by Beck Law P.C. @ California Labor & Employment Law

Wed Mar 07 15:56:36 PST 2018

If you own a business, you are required to follow various specifications related to the Americans with Disabilities Act (ADA). Failure to do so could result in fines, accidents, loss of business, and even lawsuits. Taking note of the most common violations and working to eliminate them can save you more than a few headaches. […]

How to Protect Your Company’s Software Assets Through Contract Protection

by Lonnie_Finkel @ California business attorneys | Oakland CA

Thu Dec 07 11:05:26 PST 2017

If your company drives its revenue with proprietary software assets, you must ensure those assets are not improperly shared or misused by others. One way to protect your company’s software-related intellectual property (IP) rights is through a written contract. How Can Contract Provisions Help Protect Software? Most commercial software products are distributed in compiled object ...Read more

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Minimum Wage Updates for 2018

by Ed @ Labor Law Education Center: Learn About Labor Laws in Your State

Wed Nov 08 10:19:23 PST 2017

The United States Federal Minimum Wage has not seen an increase since 2009. Many states and cities believe that too much time has passed since an increase and law makers are taking the matter into their own hands and are implementing increases that they believe are in the best interest of their citizens. Many high...

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California Break Laws, What Must My Employer Provide?

by Kevin Panahi @ RecoverMyWages.com

Sun Sep 24 08:02:24 PDT 2017

California break laws require that employers provide non-exempt employees with rest periods and meal periods during the workday. These laws have been implemented to prevent employees from working long hours in poor working conditions. They provide that employees are entitled to a 10-minute net rest break for every 4 hours of work (or major fraction […]

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Don’t forget about makeup time

by Anthony Zaller @ California Employment Law Report

Fri Feb 16 21:03:57 PST 2018

Makeup time is one of the rare occurrences under California law that employees have flexibility to adjust their work schedule to accommodate for important life events that come up from time to time. Makeup time allows employees to take time off and then make it up later in the same workweek, without triggering the obligation...

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Hiring practices for employers in 2018 (part 1)

by Anthony Zaller @ California Employment Law Report

Wed Mar 14 17:19:50 PDT 2018

California employers need to review their hiring processes, interview questions, and on boarding practices to comply with California’s new laws regarding what types of questions can be asked and background checks. This video contains few portions of a presentation I conducted for a group of California employers covering new hiring laws facing California employers in...

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Largest Sexual Harassment Verdict in History – $168 Million

by Eugene Lee @ California Labor and Employment Law

Sun Jan 06 01:00:42 PST 2013

A Sacramento hospital has the dubious distinction of being hit with what may be the largest sexual harassment verdict in history. On August 7, 2008, Mercy General Hospital terminated Ani Chopourian, a 45-year-old former cardiac surgery physician assistant who was educated at UCLA and Yale, allegedly for failing to show up for an on-call shift…

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Are truck drivers automatically due overtime?

by wpadmin @ The HR Specialist

Thu Mar 22 13:24:43 PDT 2018

Q. Are motor carriers exempt from complying with California’s usual overtime pay requirements?

California Vacation Law – A Rundown

by Kevin Panahi @ RecoverMyWages.com

Sat Jan 06 13:24:31 PST 2018

Vacation time is an essential benefit needed to prevent exhaustion in employees. It grants them time away from work to clear their head, relax, pursue hobbies, and spend quality time with family and friends. For this reason, it is vital that employees understand the vacation laws in California, and the rules that govern the accrual […]

The post <samp>California Vacation Law</samp> – A Rundown appeared first on RecoverMyWages.com.

California Supreme Court Adopts State Agency Formula for Calculating Overtime Value of Flat-Sum Bonus, Rejecting Federal View

by Jeffrey W. Brecher @ Wage & Hour Law Update

Mon Mar 12 07:20:51 PDT 2018

The California Supreme Court has held that, under state law, when an employee earns a flat-sum bonus during a pay period, the overtime pay rate will be calculated using the actual number of non-overtime hours worked by the employee during the pay period. Alvarado v. Dart Container Corp., 2018 Cal. LEXIS 1123 (Cal. Mar. 5,...… Continue Reading

Maternity Leave in California – A Practical Law Guide (2018)

by Kevin Panahi @ RecoverMyWages.com

Thu Dec 21 17:12:07 PST 2017

You just found out that you are pregnant. Tense thoughts are racing through your head as you frantically decide how you will grapple with your aggressive employer about taking maternity leave in California. A feeling of anxiety sinks in as you ponder about the financial burdens that are in store, the backlog of paperwork on […]

The post <samp>Maternity Leave</samp> in California – A Practical Law Guide (2018) appeared first on RecoverMyWages.com.

CalChamber-Backed Bill Helps Minimize California Waste

by Jennifer Barrera @ CalChamber Alert

Fri Mar 23 05:53:12 PDT 2018

An Assembly policy committee gave near-unanimous approval on March 20 to a California Chamber of Commerce-supported bill that will reduce the number of surplus household consumer products unnecessarily managed as hazardous waste. Consumers and the environment will benefit if AB 2660 (Quirk; D-Hayward) becomes law. It allows surplus consumer products to be donated or recycled by making explicit that a retail location in California may transport surplus consumer products to a reverse distribution location in compliance with applicable shipping regulations. Current law regulating when a product is deemed waste is vague and has resulted in many retailers taking conservative action and disposing of products as hazardous waste when those products are viable candidates for sale into secondary markets, donation and/or recycling. AB 2660 seeks to clarify the law so that the products can be processed at reverse distribution locations for sale in secondary markets, donation, recalls, or bona fide financial credit. California retailers have settled significant hazardous waste enforcement actions in recent years. This bill does not seek to undo any of the significant progress that has been achieved in improving hazardous waste management following these enforcement actions. Indeed, as part of these enforcement action settlements, industry was instructed to [...]

20 States Sue Over ‘Obamacare’

by Andy Przystanski @ Namely: HR News

Thu Mar 08 08:47:37 PST 2018

The lawsuit marks the first major legal challenge to the ACA this year.

Are Employers Required to Give Holiday Pay or Paid Holidays? (2018)

by Eugene Lee @ California Labor and Employment Law

Thu Nov 09 07:57:19 PST 2017

When it comes to holidays, many employers in California and across the country tend to give employees either the day off with pay (“paid holiday”), or give extra pay for hours worked similar to overtime pay (“holiday pay”). The most common paid holidays are: New Year’s Day Memorial Day Easter Independence Day (4th of July)…

The post Are Employers Required to Give Holiday Pay or Paid Holidays? (2018) appeared first on California Labor and Employment Law.

Toll Road Ahead: Fourth Circuit Rules Mixed-Fleet Interstate Truck Drivers May Be Entitled to Overtime Pay

by Katharine C. Weber @ Wage & Hour Law Update

Fri Dec 08 08:54:46 PST 2017

Despite the overtime exemption provided by the Motor Carrier Act, interstate trucking employers who operate “mixed fleets” – those with vehicles both over and under 10,000 pounds – may owe overtime pay to drivers of the smaller vehicles, the Fourth Circuit Court of Appeals recently ruled.  Schilling v. Schmidt Baking Co., 2017 U.S. App. LEXIS...… Continue Reading

Can Employers Require Employees to Remain on Premises? (2018)

by Eugene Lee @ California Labor and Employment Law

Sat Jul 22 09:50:30 PDT 2017

A reader of this blog recently asked an intriguing question: “Your boss may require you to remain on work premises during your rest break.: Is this still true after the recent California Supreme Court decision? I believe the reader was referring to Augustus v. ABM Security Services, Inc., 2 Cal. 5th 257 (2016). That decision…

The post Can Employers Require Employees to Remain on Premises? (2018) appeared first on California Labor and Employment Law.

CA Supreme Court: FAA preempts California State-law Rule Categorically Prohibiting Waiver of a Berman hearing

by Alexei Kuchinsky, Esq @ San Francisco Employment Law Attorney Blog

Thu Oct 24 00:32:11 PDT 2013

In Sonic-Calabasas A., Inc. v. Moren, 2013 Cal. LEXIS 8111 (Cal. Oct. 17, 2013) (“Sonic II”), in light of Concepcion, the Court overruled its previous contrary holding in Sonic-Calabasas A, Inc. v. Moreno (2011) 51 Cal.4th 659 (“Sonic I”) and held that the FAA preempts California state-law rule categorically prohibiting waiver of a Berman hearing. Two years ago, […]

Assembly Committee OKs More Inspections for Haz Waste Facilities

by Jennifer Barrera @ CalChamber Alert

Fri Mar 23 05:52:59 PDT 2018

A California Chamber of Commerce-opposed bill that will lead to increased costs for hazardous waste operators passed an Assembly policy committee on March 20. AB 2094 (Kalra; D-San Jose) imposes unnecessary new costs on hazardous waste permit operators and further delays processing by arbitrarily increasing the frequency of inspections for hazardous waste facilities rather than focusing on improving the existing inspection process. The CalChamber and a coalition of industry groups voiced concern about the bill placing additional requirements on the state Department of Toxic Substances Control (DTSC) when the department is working to clear permit backlogs, trying to implement regulatory reforms, and developing a whole suite of pending regulatory packages. The added requirements would result in additional unrestrained and unreviewable costs being imposed on permittees, the coalition stated in a letter to the committee. In July 2017, DTSC completed a comprehensive, two-year “Enforcement Improvement Plan,” which includes action items DTSC has taken to clearly define its inspection and enforcement processes, including using CalEnviroScreen to identify impacted communities and prioritize inspections in those areas, making inspection and enforcement data available online, and identifying areas for improving the timeliness/quality of inspection reports. Rather than requiring regulations about the frequency of onsite inspections, [...]

For Any Lawful Reason: Firing an at-will employee under dubious circumstances need not lead to liability if the reason for the firing was not illegal

by David Y. Trevor @ Quirky Questions

Fri Sep 22 13:42:38 PDT 2017

A recent decision from the Sixth Circuit Court of Appeals highlights the distinction between firing an employee for personal or politically expedient reasons (which may be entirely legal) and firing an employee because of his or her protected status or for exercising protected rights (which is typically illegal). The decisive question answered in this case […]

Negotiating Commercial Lease Surrender Provisions

by Hugh Greenup @ California business attorneys | Oakland CA

Wed Mar 14 16:16:26 PDT 2018

Most tenants who have just signed a lease are looking to the future. They understand their obligation to pay rent and expenses and expect that during the term of the lease they will have continued access to the premises for the period of time covered by the lease. Often, they will be improving the premises ...Read more

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Five steps of a Labor Commissioner complaint employers must understand

by Anthony Zaller @ California Employment Law Report

Fri Mar 02 22:37:28 PST 2018

Employers need to understand their rights and obligations when they receive notice of a complaint through the Labor Commissioner.  The process can seem daunting, but with a little preparation it can be managed effectively.  This  Friday’s Five post sets out a brief explanation of the five steps that most Labor Commissioner proceedings follow: Step one:...

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Into the Weeds: Will California Employment Law Protect Medical Marijuana Users?

by Jinouth Vasquez Santos, Jennifer L. Mora, Fritz Smith and Ryan McCoy @

Wed Mar 07 12:27:57 PST 2018

Seyfarth Synopsis: A proposed bill would amend California employment discrimination law to protect medical marijuana users.

California—already famous (or infamous) as a sanctuary in the immigration area—could soon become a sanctuary for medical marijuana users. A proposed bill would protect medical marijuana users from employment discrimination.

Currently, California employers can deny employment to users of marijuana, even if the use … Continue Reading

California Employers Beware: W-2 Phishing Scams Skyrocket During Tax Season

by Jennifer L. Mora @

Wed Feb 14 06:00:06 PST 2018

Seyfarth Synopsis: Employers have been scammed into sending sensitive W-2 information to malicious third parties. This article outlines the key steps California employers must immediately take if subject to this unfortunate event.

In 2003, California became the first state to enact a data breach notification law: the California Data Protection Act. Since then, over 30 states have enacted similar statutes … Continue Reading

Governor Cuomo Contemplating Elimination of Tip Credit

by Jeffrey W. Brecher, Richard I. Greenberg and Noel P. Tripp @ Wage & Hour Law Update

Mon Dec 18 13:11:39 PST 2017

Employers in New York currently are permitted to pay tipped workers a direct cash wage that is below the State minimum wage and take a “credit” for some of the tips received by employees to satisfy the difference between the cash wage paid and the full minimum wage.  For example, in New York City beginning...… Continue Reading

How to Negotiate a Tenant Improvement Allowance

by Hugh Greenup @ California business attorneys | Oakland CA

Tue Aug 08 17:24:05 PDT 2017

Congratulations. Accelerating sales have driven your young company toward an important crossroad. You need more space. You have found a commercial location that satisfies all your requirements and now you are getting ready to sign a lease. Remember to plan ahead so you can negotiate a tenant improvement allowance that will satisfy your needs. Here ...Read more

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Four Ways California Can Help Get More Grads Ready for College, Career

by Loren Kaye @ CalChamber Alert

Fri Mar 23 05:57:40 PDT 2018

The California economy is humming. Unemployment is at historic lows, even in many parts of the state often left behind in good times. But even this silver lining has a cloud. Parts of the Bay Area and Southern California are beyond full employment, which means some California regions are creating more jobs than the labor force can support. Talent-Worker Mismatch As Robert Kleinhenz of Beacon Economics wrote, “with the state at full employment, job growth and general economic gains will largely be constrained by the availability of workers. This is good for workers who might achieve pay increases in the coming months and quarters, but it poses a challenge for firms that want to grow but cannot because they are unable to hire the necessary workers.” Nationally, half of open, available positions go unfilled because the candidates aren’t available. At the same time, 40% of businesses can’t take on more work because they can’t fill open jobs. We have an extraordinary mismatch between our talent needs and the pipeline of new or potential workers. The flip side is that many of our students face a different future. Only 40% of the state’s 2.2 million young adults hold an associate’s degree [...]

Motor Carrier Exexmption For Tour Bus Drivers Who Do Not Cross State Lines

by Alexei Kuchinsky, Esq @ San Francisco Employment Law Attorney Blog

Mon Nov 13 21:33:58 PST 2017

One of our blog readers has reached out to us with the question about the Motor Carrier Act Exemption (“MCA”). He wanted to know whether he was exempt from the federal overtime requirement of the Fair Labor Standards Act. Specifically, he asked us the following question: I work as a tour bus driver for a […]

Go-to termination practices employers need to consider

by Anthony Zaller @ California Employment Law Report

Fri Feb 23 21:38:17 PST 2018

Employee terminations and resignations must be planned for in advance to avoid common pitfalls for California employers.  I’ve recently written about go-to hiring practices for employers, so I thought it would be appropriate to follow that post up with this list of go-to termination practices.  This Friday’s Five focuses on critical management and legal considerations...

The post Go-to termination practices employers need to consider appeared first on California Employment Law Report.

Federal Tax Reform Means More Business Taxes for California

by Loren Kaye @ CalChamber Alert

Fri Mar 16 05:58:09 PDT 2018

California’s corporate tax base may increase by up to 12% as a result of federal tax reform legislation, according to a study recently released by the State Tax Research Institute (STRI). This means that revenues from California’s corporate income tax could increase by as much as $1.3 billion—without any action by state lawmakers to increase corporate tax rates or income definitions. Larger tax revenues will result from the new tax reform law, which limited deductions and changed foreign tax rules. The federal tax law imposed new restrictions on companies’ ability to deduct interest payments, exchange property without paying capital gains taxes, deduct some fringe benefits and immediately write off future research costs. At the federal level, those changes were far outweighed by the rate cut. According to Karl Frieden, vice president and general counsel at the Council on State Taxation, the study’s sponsor, “The state tax increase for corporations is totally inadvertent.” The windfall from federal tax reform will likely produce even more revenue than would a recently proposed constitutional amendment to impose a 10% surcharge on corporate net incomes of more than $1 million. The avowed purpose of that measure is “to share with ordinary California taxpayers the economic [...]

Second Circuit Makes it Official (Again): FLSA Claims are Subject to Arbitration

by Noel P. Tripp and Christopher J. Stevens @ Wage & Hour Law Update

Mon Dec 18 15:50:37 PST 2017

Stating unequivocally what it previously had assumed, the Court of Appeals for the Second Circuit recently held that FLSA claims are arbitrable, notwithstanding the requirement that FLSA litigation settlements be “supervised.”  Rodriguez-Depena v. Parts Authority Inc., 2017 U.S. App. LEXIS 24995 (2nd Cir. Dec. 12, 2017).  The Second Circuit had in recent years addressed various...… Continue Reading

Health Care Law: Tax Considerations for Employers with Fewer than 50 Employees

by Chris Cooke @ Cooke & Associates

Tue Dec 08 08:23:21 PST 2015

Some of the tax provisions of the Affordable Care Act apply only to employers with fewer than 50 full-time or full-time equivalent employees. Employers with fewer than 50 employees should take note of these tax considerations: More than 95 percent of employers have fewer than 50 full-time employees or equivalents and are not subject to […]

The post Health Care Law: Tax Considerations for Employers with Fewer than 50 Employees appeared first on Cooke & Associates.

Reporting undocumented workers to ICE by employer’s representative is unlawful

by Atty. C. Joe Sayas, Jr. @ Consumer

Fri Mar 16 23:27:20 PDT 2018

In 1995, José Arias, an undocumented immigrant, began work as a milker for Angelo Dairy. Two years later, Arias wanted to accept a job offer with another dairy company. The employer threatened Arias that if he left to work at … Continue reading →

When Is an Employee’s Final Paycheck Due?

by Andy Przystanski @ Namely: HR News

Wed Jan 31 12:42:03 PST 2018

Most states have rules for paying out employees on their last day.

Labor Law Updates expected in 2018 and What You’ll Need to Do as an Employer

by Ed @ Labor Law Education Center: Learn About Labor Laws in Your State

Mon Oct 23 11:37:19 PDT 2017

As Labor Day has come and gone and the end of the year quickly approaches, now is the time employers should educate themselves on expected labor law changes in 2018. While 2018 is still months away, we have gone ahead and gathered a full list of all the updates to be on the lookout for...

The post Labor Law Updates expected in 2018 and What You’ll Need to Do as an Employer appeared first on Labor Law Education Center: Learn About Labor Laws in Your State.

Here’s a Tip, Minnesota: Discharging Employees for Refusing to Share Gratuities is Prohibited

by Richard Greiffenstein and Gina K. Janeiro @ States – Wage & Hour Law Update

Tue Oct 17 18:13:12 PDT 2017

Discharging an employee for refusing to share tips is illegal under the Minnesota Fair Labor Standards Act (MFLSA), according to the Supreme Court of Minnesota.  Burt v. Rackner, Inc., 2017 Minn. LEXIS 629 (Minn. Oct. 11, 2017).  In Burt the plaintiff, who was employed as a bartender, was told that he needed to give more...… Continue Reading

Supreme Court (Re)hears Oral Argument on Application of Automobile Dealer Exemption to Service Advisors

by Jeffrey W. Brecher @ Wage & Hour Law Update

Mon Jan 22 12:33:10 PST 2018

Last week the Supreme Court heard – for the second time – oral argument in Encino Motorcars, LLC v. Navarro.  At issue is whether “service advisors” at dealerships are covered by what’s known as the “automobile dealer” exemption set forth in Section 213(b)(10)(A) of the FLSA.  That exemption excludes from overtime any “salesman, partsman, or...… Continue Reading

Quirky Question #285: Potholes on the Ethical “High Road”

by David Y. Trevor @ Quirky Questions

Thu Jul 14 14:21:44 PDT 2016

Question:  We learned that some of our employees may have been engaging in unethical, and perhaps even illegal, behavior.  We don’t tolerate this, so we hired a law firm to conduct an investigation, and based on the results of that investigation, we terminated the employees.  The terminated employees were high-profile employees, and we told some […]

How to Prepare for Due Diligence

by Lonnie_Finkel @ California business attorneys | Oakland CA

Tue Oct 31 05:21:02 PDT 2017

As the Chief Executive Officer, you will be hard pressed to secure financing, sell your company, or issue an IPO if you’re unable to persuade prospective investors or buyers. By collecting and presenting your corporate information in a clear, complete, and concise professional manner, you will dramatically improve your chances of success. Preparing for Due ...Read more

The post How to Prepare for Due Diligence appeared first on California business attorneys | Oakland CA.

Go-to hiring practices employers need to consider

by Anthony Zaller @ California Employment Law Report

Fri Feb 09 20:10:55 PST 2018

The hiring process cannot be underestimate, both from a managerial and legal perspective.  This Friday’s Five focuses on critical management and legal considerations for employers during the hiring process: 1. Ignore the applicant’s resume during the interview. Nolan Bushnell, the inventor of Atari and Chuck E. Cheese, and the first person to hire Steve Jobs,...

The post Go-to hiring practices employers need to consider appeared first on California Employment Law Report.

High Court Decisions Leave Employers with Uncertainty

by Laura E. Curtis @ CalChamber Alert

Fri Mar 23 05:59:01 PDT 2018

California employers are once again left with uncertainty regarding the Division of Labor Standards Enforcement (DLSE) Enforcement Policies and Interpretations Manual following a California Supreme Court ruling earlier this month. The state high court’s March 5 ruling in Alvarado v. Dart Container Corporation of California dealt mainly with how an employer must calculate overtime compensation for an employee who earns both an hourly rate and a flat sum nondiscretionary bonus. In its analysis, the Supreme Court also provided lengthy discussion on whether the DLSE’s manual was binding authority on the courts. The Supreme Court concluded that the DLSE Enforcement Manual is a void underground regulation and not entitled to any deference. However, the Supreme Court held that it still could consider the DLSE’s interpretation if the court was independently persuaded that the interpretation was ultimately correct. In this case the Supreme Court was persuaded and adopted the DLSE’s method of calculating overtime on flat sum bonuses. The DLSE’s method was more favorable to the plaintiff than the federal standard used by the employer. Earlier Decision This is not the first time that the California Supreme Court has opined about the validity of the DLSE manual. More than two decades ago, [...]

New Employment Laws to Benefit Employees

by Beck Law P.C. @ California Labor & Employment Law

Thu Jan 25 06:18:04 PST 2018

New employment laws for 2018. If you are an employee who feels that unfair or illegal procedures have impacted your success at the workplace, you are not alone. Studies indicate that across the nation, nearly 12% of businesses experience a legal challenge to business practices at some point; California’s rate is 40% higher than the […]

Chambers Urge Stronger Link Between Career Education Funding, Work Needs

by Jennifer Barrera @ CalChamber Alert

Fri Mar 23 05:55:49 PDT 2018

The California Chamber of Commerce and a coalition of local chambers of commerce are asking legislators to broaden the criteria for career technical education grants to include more activities proven to help prepare students for the working world. The changes would better apply Career Technical Education (CTE) Incentive Grant funding to Linked Learning programs. The CalChamber and local chambers have suggested changes to AB 1743 (O’Donnell; D-Long Beach), which passed the Assembly Education Committee this week on a vote of 6-0. The goal of Linked Learning is to provide graduates with the widest array of postsecondary options, including enrollment into four-year college programs without remediation, as well as apprenticeships, two-year college programs, and certificates, all with the 21st century skills to succeed in the workforce. Need for Skilled Workers California’s long-term economic growth depends on a steady stream of highly skilled workers. Although job growth in California has been robust since the last recession, that growth has slowed recently due to a lack of employable workers. The statewide labor force slowed to a growth rate of 0.6% in 2017, just two-thirds of the average rate since 1990. The slowing has occurred as job openings across skilled and unskilled occupations alike [...]

Waiting Without Pay for Nike’s Pre-Exit Bag Inspection? Just Do It – Maybe, or at Least Until the California Supreme Court Weighs In

by Jonathan A. Siegel and Cary G. Palmer @ States – Wage & Hour Law Update

Tue Sep 26 07:56:02 PDT 2017

Nike retail employees required to undergo post-clockout, pre-exit bag and coat checks are not entitled to compensation under California’s wage and hour laws for the time spent on such inspections, a federal district court has ruled.  Rodriguez v. Nike Retail Services, Inc., 2017 U.S. Dist. LEXIS 147762 (N.D. Cal. Sept. 12, 2017).  Assuming such inspections...… Continue Reading

Empowering Working People in the West: AFL-CIO Holds Third Regional Meeting of 2018

by Rachel Warino @ California Labor Federation

Sat Feb 17 11:41:20 PST 2018

AFL-CIO Executive Vice President Tefere Gebre welcomed nearly 400 labor leaders and activists to his home state of California for the AFL-CIO Western District meeting this week. Gebre emphasized the importance of the actions attendees are taking to empower working people in the West, saying, "Our movement is at its best when we work from the grassroots up, not from D.C. down."

Discrimination Against Pregnant Women Does Not Pay off in the Workplace

by Beck Law P.C. @ California Labor & Employment Law

Thu Feb 15 09:11:17 PST 2018

Is your job at risk because you are pregnant? If so, your employer may face some trouble with the law. Only an experienced local employment attorney can say for sure after reviewing the circumstances of your particular case. The fact is, employers have tried to get away with ignoring or even stomping all over women’s […]

Beware of Successor Liability in Connection with Family Owned Business

by Lonnie_Finkel @ California business attorneys | Oakland CA

Thu Mar 22 11:48:08 PDT 2018

A corporation ordinarily is not liable for the debts of other entities or its owners in the absence of an express agreement, such as a guarantee. However, a creditor of one company may try to impose liability on one or more non-debtor entities under “alter ego” or “successor liability” theories in certain circumstances. In these ...Read more

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California Supremes Limit Arbitration Waivers

by Eugene Lee @ California Labor and Employment Law

Thu Apr 06 11:32:19 PDT 2017

The key excerpt from this latest ruling from the California Supreme Court, McGill v Citybank, says it all: In previous decisions, this court has said that the statutory remedies available for a violation of the Consumers Legal Remedies Act (CLRA; Civ. Code, § 1750 et seq.), the unfair competition law (UCL; Bus. & Prof. Code, § 17200…

The post California Supremes Limit Arbitration Waivers appeared first on California Labor and Employment Law.

Quirky Question #286: Best Practices on Restroom Access and Terminology for Transgender Employees

by JoLynn Markison @ Quirky Questions

Mon Jul 25 12:39:19 PDT 2016

Question: There has been a lot of news coverage lately on restroom policies related to transgender employees.  Can you provide some guidance on how to structure our restroom-use policies to be both lawful and respectful of all employees?  More generally, can you help me understand the appropriate, respectful terminology in this area?  I certainly don’t want […]

Top 4 Labor Law Rights Every Brand Ambassador Should Know

by Kevin Panahi @ RecoverMyWages.com

Mon Jan 02 15:29:13 PST 2017

Brand ambassador jobs have grown substantially in the past five years as companies look to expand their recognition. Temp agencies, serving as the middle men between large corporations and brand ambassadors, have profited extensively as a result. But as others have benefited from this lucrative industry, brand ambassadors have found themselves victims of wage theft. […]

The post Top 4 Labor Law Rights Every <samp>Brand Ambassador Should Know</samp> appeared first on RecoverMyWages.com.

Learn about best employment law practices for 2018

by Anthony Zaller @ California Employment Law Report

Mon Feb 12 17:11:21 PST 2018

My firm is hosting a seminar for business owners, in-house counsel, human resource professionals, and managers to learn about and how to implement best practices at the start of 2018.  Plus, get to see the newly renovated Proud Bird and enjoy some light food and drinks during the mixer. Our attorneys will be speaking about:...

The post Learn about best employment law practices for 2018 appeared first on California Employment Law Report.

Final Paychecks – When Are They Due? (2018)

by Eugene Lee @ California Labor and Employment Law

Tue Nov 07 18:26:26 PST 2017

A question I hear a lot is: “I just left my job, when is my employer supposed to pay me my last paycheck?” The answer is: it depends. If you were fired or laid off If the employer ended your employment — fired you, laid you off, eliminated your position, etc. — they must have…

The post Final Paychecks – When Are They Due? (2018) appeared first on California Labor and Employment Law.

Minimum Wage Updates for 2017

by admin2 @ Labor Law Education Center: Learn About Labor Laws in Your State

Thu Feb 02 09:39:45 PST 2017

Whereas minimum wage increment is a debate that continues to dominate political and economic discussions with a ceaselessly growing number of both opponents and proponents across the U.S, the same has experienced some steady progress in a number of states, and one of those is Florida.   Minimum Wage Update in States The other states...

The post Minimum Wage Updates for 2017 appeared first on Labor Law Education Center: Learn About Labor Laws in Your State.

California Overtime Calculator

by Alexei Kuchinsky, Esq @ San Francisco Employment Law Attorney Blog

Thu Mar 17 10:10:28 PDT 2016

Workers Across California Stand Up to Billionaires Trying to Gut Unions with Janus v AFSCME Case

by Alexandra Catsoulis @ California Labor Federation

Mon Feb 26 16:38:05 PST 2018

As the Supreme Court of the United States heard oral arguments today in a right-wing billionaire-funded case that seeks to gut unions, thousands of working people across California took to the streets to rise up in support of our freedom to stand together. In hundreds of cities around the United States, unions, community groups, clergy […]

Art Pulaski: No one should live in fear simply for going to work to earn a living for her family

by Rachel Warino @ California Labor Federation

Wed Mar 07 07:17:05 PST 2018

As Attorney General Jeff Sessions announced his plans to sue our state, California Labor Federation Executive Secretary-Treasurer Art Pulaski released this statement: “In California, our values dictate our public policy. We won’t be silent while Attorney General Jeff Sessions attacks hard-working immigrants to score political points for a morally bankrupt administration. California unions were proud […]

Recent Pay Equity Cases Show That Such Cases Are Ill-Suited For Class Treatment

by Jeffrey Wortman and Maria Papasevastos @

Mon Feb 05 11:32:09 PST 2018

We’re pleased to share a thoughtful look at whether lawsuits alleging illegal pay disparities under California law are suitable as class actions. This post, recently featured on Seyfarth’s Pay Equity Issues & Insights Blog, provides some compelling reasons to argue that they’re not.     

Seyfarth Synopsis: Over the past few years we have seen groundbreaking changes to equal pay laws across … Continue Reading

Mintz Levin 4th Annual Employment Law Summit — The Role of In House Counsel and Human Resources Professionals in the #MeToo Movement

by Jennifer Rubin @ Employment Matters

Wed Mar 21 11:53:32 PDT 2018

Join me and a panel of corporate counsel and human resources professionals to discuss the #MeToo movement and its impact on the HR function at Mintz Levin’s Fourth Annual Employment Law Summit in New York City on April 19, 2018. Human resources professionals and in-house counsel have been thrust into the spotlight at the center... Continue Reading

Personnel Records

by Beck Law P.C. @ California Labor & Employment Law

Tue Feb 27 13:59:23 PST 2018

If you are concerned about what is contained in your personnel records file, there is a simple way to find out – simply make a request. If you hit roadblocks, a local employment attorney can help. Personnel Records – Your Right to Know California law provides the opportunity for employees—whether current or former—to take a look […]

The Bubbler – March 2018

by Brie Kluytenaar @ Employment Matters

Thu Mar 08 09:29:55 PST 2018

Phew – it has been a whirlwind of a month in the employment law world! Just in time for spring, new laws are popping up like crocuses just about everywhere we turn. Here is your monthly rundown of the most recent developments in labor and employment law: The Supreme Court significantly narrowed whistleblower protections under... Continue Reading

Reporting California Labor Law Violations

by Kevin Panahi @ RecoverMyWages.com

Fri Aug 18 23:47:54 PDT 2017

Reporting a California Labor Law violation can be a frightening but necessary task for aggrieved workers subjected to wage theft. Sometimes filing a wage claim seeking monetary compensation is not enough because it’s personal. If you are facing a similar scenario, reporting a violation to the Bureau of Field Enforcement (“BOFE”) might be the perfect […]

The post Reporting California Labor Law <samp>Violations</samp> appeared first on RecoverMyWages.com.

A Guide to Wrongful Termination in California

by Kevin Panahi @ RecoverMyWages.com

Wed Feb 15 18:32:27 PST 2017

Employees often have difficulty understanding what wrongful termination in California is, and distinguishing between a proper and improper firing by their employer. This is often due to the complicated nature of the employment relationship. The following article will guide workers trying to determine if they have actionable claims against their employers. This article is by […]

The post A Guide to <samp>Wrongful Termination</samp> in California appeared first on RecoverMyWages.com.

Asian Descent and Discrimination

by Beck Law P.C. @ California Labor & Employment Law

Wed Feb 21 16:01:54 PST 2018

When fellow police officers made fun of Asian accents and disparaged the Asian culture and community, five law enforcement officers of Asian descent finally had enough. The offended officers, a group of current and former employees of the San Gabriel Police Department, (SGPD) filed a lawsuit against the department. If you are facing a similar dilemma, […]

Hearst Interns Were “Primary Beneficiaries” of Program and Not Employees, Second Circuit Affirms

by Noel P. Tripp @ Wage & Hour Law Update

Tue Dec 19 09:40:03 PST 2017

Several former interns of the Hearst Corporation, one of the world’s largest magazine publishers, were just that: unpaid interns, not employees entitled to minimum wage or overtime under the FLSA, the Second Circuit has held.  Wang v. Hearst Corp., 2017 U.S. App. LEXIS 24789 (2nd Cir. Dec. 8, 2017).  The Second Circuit has jurisdiction over...… Continue Reading

California Supreme Court Hears Oral Argument to Define “Independent Contractor”

by Rabia Z. Reed and Ryan McCoy @

Wed Feb 07 12:17:42 PST 2018

Seyfarth Synopsis: The California Supreme Court heard oral arguments yesterday morning in Dynamex Operations v. Superior Court, a case addressing the legal standard for determining whether a worker should be classified as an independent contractor or an employee. We expect the Supreme Court’s opinion will be significant for any entity using independent contractors in California.

The Story Thus Far

As … Continue Reading

Top Four Overtime Laws To Know In California

by Kevin Panahi @ RecoverMyWages.com

Wed Jan 03 02:09:39 PST 2018

California Overtime laws were historically implemented to put financial pressure on employers to hire additional staff and to protect employees in weak bargaining positions from being overworked. The idea was to dis-incentivize employers by making it costly to task employees with unreasonably long work hours, and instead encourage employers to split the workload among new […]

The post Top Four <samp>Overtime Laws</samp> To Know In California appeared first on RecoverMyWages.com.

Under California Law, 10-Minute Rest Breaks Must be Off-Duty and Cannot be On-Call

by Alexei Kuchinsky, Esq @ San Francisco Employment Law Attorney Blog

Sun Jan 29 22:57:04 PST 2017

This is another post in a Q-&A series in which we answer a question related to California employers’ duty to provide employees with 10-miute rest breaks.                 I.          Question I work as a waitress in a local restaurant. My shift usually starts at 5:00 pm and ends around 11:30 pm. My manager tells me that […]

5 Important Tips to Know Before Buying Labor Law Posters

by Ed @ Labor Law Education Center: Learn About Labor Laws in Your State

Wed Oct 12 08:37:18 PDT 2016

Every company, no matter size or industry, has the obligation to comply with certain labor laws; and many of those laws require employers to post notices in their workplace.  Before buying labor law posters, there are a few things that companies should know: Does the labor law poster company provide a guarantee, and are they...

The post 5 Important Tips to Know Before Buying Labor Law Posters appeared first on Labor Law Education Center: Learn About Labor Laws in Your State.

By 2018, San Francisco’s Minimum Wage will Increase to $15

by Alexei Kuchinsky, Esq @ San Francisco Employment Law Attorney Blog

Tue Jan 06 22:52:50 PST 2015

Effective January 1, 2015, the minimum wage in San Francisco increased to $11.05 per hour. The increase is a result of the November 2014 ballot measure Proposition J that was overwhelmingly approved by San Francisco residents in November 2014. Proposition J is intended to gradually increase San Francisco’s minimum wage to $15 per hour by […]

Governor Cuomo Contemplating Elimination of Tip Credit

by Jeffrey W. Brecher, Richard I. Greenberg and Noel P. Tripp @ States – Wage & Hour Law Update

Mon Dec 18 13:11:39 PST 2017

Employers in New York currently are permitted to pay tipped workers a direct cash wage that is below the State minimum wage and take a “credit” for some of the tips received by employees to satisfy the difference between the cash wage paid and the full minimum wage.  For example, in New York City beginning...… Continue Reading

What Happens to Huge Verdicts AFTER the Headlines

by Eugene Lee @ California Labor and Employment Law

Sat Jan 19 00:26:08 PST 2013

Multi-million dollar verdicts routinely headline the news. But what few seem to know is what happens to those verdicts long after the jury and the public have moved on. More often than not, those verdicts get cut down to size or get lost in a perfect storm of appeals. In Stevens v. Vons Companies, a…

The post What Happens to Huge Verdicts AFTER the Headlines appeared first on California Labor and Employment Law.

If a Whistleblower is Just Playing the Same Old Tune, Does the Law Protect Him?

by JoLynn Markison @ Quirky Questions

Mon Aug 21 11:31:49 PDT 2017

Some of the trickiest employment decisions can involve employees who have made accusatory complaints against the company they work for. Many state and federal laws protect “whistleblowers” who try to bring to light illegal behavior by their employers. But in many instances employers legitimately wonder whether the complaint was made in “good faith,” or just […]

How to Claw Back a Sign-On Bonus

by Jim Kohl @ Namely: HR News

Thu Mar 22 09:05:29 PDT 2018

When your all-star recruit calls it quits early, here’s what employers need to know.

California state and minimum wage issues in 2018

by Anthony Zaller @ California Employment Law Report

Thu Mar 08 07:48:40 PST 2018

I just posted a new video on my YouTube channel about the issues facing employers with the state and local minimum wage increases in 2018 (embedded below).  At the end of the first quarter in 2018, it is a good time to review compliance with the state and local minimum wage laws, and to start...

The post California state and minimum wage issues in 2018 appeared first on California Employment Law Report.

Are We at a “Tipping” Point for Wrongful Discharge Claims in Minnesota?

by Rachel Lufkin @ Quirky Questions

Wed Dec 06 10:35:59 PST 2017

A bartender is told by his employer, in violation of state law, that he must share tips with other employees. He refuses to comply and is fired. The state law in question says he can sue for being required to share tips, but doesn’t say anything about suing because he was fired. Does the law […]

State of Judiciary Address Highlights Civil Justice Reforms

by CalChamber @ CalChamber Alert

Fri Mar 23 05:58:28 PDT 2018

The funding boost proposed in the state budget plan for the coming year will help the judicial branch continue reforms to provide access and fairness to court users, California Chief Justice Tani G. Cantil-Sakauye told lawmakers in her State of the Judiciary address on March 20. After years of funding cuts, the 2018–2019 state budget proposed by Governor Edmund G. Brown Jr. grants the state’s judiciary an additional $150 million for critical trial court operations and commits to funding construction for 10 new courthouse projects in the next two years. Funding Civil Justice Due to limited resources in past years, the judicial branch focused primarily on criminal matters and civil court services took a “back seat,” greatly delaying civil dockets, Cantil-Sakauye said. Civil justice addresses claims for personal injury, discrimination, retaliation, misconduct, and lost jobs, among others. Delays in civil cases, Cantil-Sakauye stressed, meant that children, elders, veterans, businesses and constituents were left behind. Thanks to the proposed $123 million in increased funding, the Chief Justice said, the trial courts will have the flexibility to restore services and resolve the backlog of cases in a timelier manner. She announced a three-tiered civil justice reform initiative: • The first tier of [...]

The “N-word,” the “Black Monkey Girl,” and the “Confident, African American Male”: Workplace Language and Hostile Environment Claims

by David Y. Trevor @ Quirky Questions

Fri Feb 23 13:12:25 PST 2018

It is one of the nightmare scenarios for any HR Department or in-house employment counsel: A white employee directing crude, vicious, racially charged slurs at an African-American employee. Perhaps the most inflammatory of such racial epithets is so toxic that it is typically no longer even spelled out in judicial opinions; it is simply the […]

Can overtime be an essential function of a job?

by Anthony Zaller @ California Employment Law Report

Fri Mar 16 20:28:15 PDT 2018

If an employee is injured and is unable to work overtime (i.e., over 8 hours in a day or 40 hours in a week), can an employer terminate the employee?  Potentially.  Employers may terminate employees who are unable to work overtime if this is an essential duty of the position.  This Friday’s Five reviews when...

The post Can overtime be an essential function of a job? appeared first on California Employment Law Report.

Business owner seeks Chapter 7 relief from employee lawsuit for backpay of $100K

by Atty. Larry Yang @ Consumer

Fri Mar 23 21:09:44 PDT 2018

Secured creditor client seeks relief from buyer who filed Chapter 11   “ In any event, client does not have $100K. Client decides to have a fresh start in life with a Chapter 7 bankruptcy to wipe out the labor department award of $100K for … Continue reading →

New York City Will Require Employers to Grant Temporary Schedule Changes

by Brie Kluytenaar @ Employment Matters

Wed Mar 21 11:37:34 PDT 2018

The New York City Council recently passed a bill that will require employers to grant two temporary schedule changes per calendar year to employees for qualifying “personal events.” The law will take effect on July 18, 2018 and will add to the increasingly complex obligations of employers to track and respond to employee leave requests.... Continue Reading

Pennsylvania Governor Seeks to Expand Overtime Pay to Currently Exempt Employees

by Joanna M. Rodriguez and Marla N. Presley @ States – Wage & Hour Law Update

Mon Jan 22 18:21:15 PST 2018

Frustrated by years of unsuccessful efforts to raise the minimum wage through the state’s Republican-controlled legislature, and in response to the recent federal court invalidation of the Obama-era DOL’s rule that would have doubled the minimum salary requirement for the executive, administrative and professional exemptions (i.e. the “white collar” exemptions) under the FLSA, Pennsylvania Governor...… Continue Reading

What Break Periods Am I Entitled To? (2018)

by Eugene Lee @ California Labor and Employment Law

Sat May 20 13:30:35 PDT 2017

Under California law (which is much more generous to employees than federal law), if you are a non-exempt worker, you are entitled to meal and rest breaks: a 30-minute meal break if you work more than 5 hours in a workday, and 10 minutes breaks for every 4 hours you work. There are other requirements…

The post What Break Periods Am I Entitled To? (2018) appeared first on California Labor and Employment Law.

Sixth Circuit Delivers One-Two Punch Knocking Out Transgender Discrimination

by Don Davis @ Employment Matters

Fri Mar 16 09:48:17 PDT 2018

The U.S. Court of Appeals for the Sixth Circuit ruled on March 7 that employer R.G. & G.R. Harris Funeral Homes unlawfully discriminated on the basis of sex when it fired a transgender employee after she informed the company that she would begin presenting consistent with her gender identity.  In so doing, the court emphatically... Continue Reading

When is it Proper to Classify Delivery Drivers as Independent Contractors?

by Alexei Kuchinsky, Esq @ San Francisco Employment Law Attorney Blog

Sun Sep 21 22:00:36 PDT 2014

This is another post written in a Q & A format and is intended to help California delivery drivers to determine whether they are improperly classified as independent contractors. In one of our prior posts, we discussed how the legal distinction between independent contractors and employees can be an important  one when it comes to […]

A Look at Federal, State, and Local Minimum Wages

by Mike Kappel @ Payroll Tips, Training, and News

Wed Mar 21 05:30:00 PDT 2018

You can’t just pay your employees any amount you want. You must follow federal, state, and local laws that set minimum wages. What is minimum wage? Minimum wage is the lowest amount you can pay an employee per hour of work. You can pay more than the minimum wage, but you should never pay less […]

The post A Look at Federal, State, and Local Minimum Wages appeared first on Payroll Tips, Training, and News.

Defamation: Containing Fire and Fury in the Deep Blue State

by Amanda Fry @

Wed Jan 24 06:00:30 PST 2018

Seyfarth Synopsis: As Californians grow tragically familiar with wildfire, California employers face another threat of fire in the form of defamation lawsuits. The rapidly burning #MeToo anti-harassment movement, and constant talk in the news about peoples’ reputations being destroyed, has rained down fire and fury for California employers forced to consider possible defamation lawsuits by current or former employees.

Stoking … Continue Reading

My Boss 1099s Me, Am I Really an Independent Contractor? (2018)

by Eugene Lee @ California Labor and Employment Law

Mon Jan 16 15:02:03 PST 2017

If your boss gives you a 1099 tax form each year, does that mean you are an independent contractor? What if you signed an independent contractor agreement? What if you submit invoices to your boss to be paid? The answer may surprise you. Every year millions of workers are misclassified as independent contractors, illegally denying…

The post My Boss 1099s Me, Am I Really an Independent Contractor? (2018) appeared first on California Labor and Employment Law.

How Do I Sue My Employer In California?

by Kevin Panahi @ RecoverMyWages.com

Fri Jul 28 12:15:13 PDT 2017

An unanswered question that frequently pops up in the minds of most disgruntled California workers is simply “How Do I Sue My Employer in California?” The nuts and bolts of litigation can often be an intimidating topic to research, and most workers choose to hire attorneys to represent them. Nevertheless, this post will attempt to […]

The post How Do I <samp>Sue My Employer</samp> In California? appeared first on RecoverMyWages.com.

5 Keys to Understanding Copyright Protection

by Lonnie_Finkel @ California business attorneys | Oakland CA

Mon Jul 03 10:03:00 PDT 2017

Despite the advent of many new forms of digital technology, artists, authors, actors and architects still look to federal copyright law to protect their creative works. While copyright law is quite broad, you can’t copyright everything. Keep these five points in mind as you consider copyrighting your original works of authorship. 1. You Can’t Copyright ...Read more

The post 5 Keys to Understanding Copyright Protection appeared first on California business attorneys | Oakland CA.

Five universal business lessons from Danny Meyer

by Anthony Zaller @ California Employment Law Report

Fri Mar 23 23:47:33 PDT 2018

When he opened his first restaurant at 27 years old (Union Square Cafe) and it took another 10 years after that for Danny Meyer to open his second restaurant, Gramercy Tavern.  But then four years later there were two, and the rate he started opening restaurants quickly grew, becoming one of the world’s most successful...

The post Five universal business lessons from Danny Meyer appeared first on California Employment Law Report.

U.S. Department of Labor Announces Self-Audit Program

by Jeffrey W. Brecher @ Wage & Hour Law Update

Wed Mar 07 12:54:32 PST 2018

Mistakes happen.  But when those mistakes result in a violation of the Fair Labor Standards Act, what is an employer to do?  Pay twice the amount of wages owed to cover both back wages and an amount equal to liquidated damages? Hope no one notices?  Well, thanks to the Wage and Hour Division (WHD) of...… Continue Reading

California Limits Prevailing Employers’ Ability to Recover Attorney’s Fees in Unpaid Compensation Cases

by Alexei Kuchinsky, Esq @ San Francisco Employment Law Attorney Blog

Wed Oct 02 23:44:46 PDT 2013

By definition, wage-and-hour litigation is about the money and ability to recover attorney’s fees has always been a driving force behind any employment lawsuit.  For example, pursuant to Labor Code section 1194, when an employee prevails in a cialis generic cheap claim for minimum wages or overtime, the employee is entitled to recover the cost of […]

Employment Tips from March Madness

by Natalie Young @ Employment Matters

Sat Mar 17 10:43:27 PDT 2018

In a March 15, 2018 Law360 article, Mintz Levin Employment, Labor and Benefits practice leader Michael Arnold discusses the intersection between March Madness and employment law.  For the full story, click here.   Continue Reading

Mintz Levin 4th Annual Employment Law Summit — Navigating Unexpected Terrain in Workplace Investigations

by Tyrone Thomas @ Employment Matters

Fri Mar 23 10:42:24 PDT 2018

Join me in a discussion on the increasingly nuanced landscape of employee workplace investigations and best practices in managing their effect on corporate brand, attorney-client privilege and obligations to applicable governmental entities. The current wave of public disclosure of workplace misconduct highlights the intersection of legal compliance and employee relations.  As more #MeToo complaints are disclosed,... Continue Reading

Should My Employer Pay Me for Travel Time From Home to Distant Job Site?

by Alexei Kuchinsky, Esq @ San Francisco Employment Law Attorney Blog

Sat Nov 28 22:29:55 PST 2015

This is another post in a Q-&-A format written to educate employees and employers on the issue whether work related travel time from home to a distant job site is compensable.  Hypothetical Legal Problem:  I work as a mover for a company that often requires me to drive to job sites located unusually far from […]

“Sharp” Defense Lawyers Smacked Down by Appeals Court

by Eugene Lee @ California Labor and Employment Law

Tue Oct 17 17:29:08 PDT 2017

Ever wonder what would happen if a lawyer tried to “pull a fast one” on a trial court judge? Wonder no more. In Francisco Diaz v Prof. Community Mgt., Inc., a case decided in October 2017 by the Fourth Appellate District Court of Appeals, an appeals court considered the case of two unscrupulous lawyers who…

The post “Sharp” Defense Lawyers Smacked Down by Appeals Court appeared first on California Labor and Employment Law.

How to Choose a Bankruptcy Attorney

by Ruth_Auerbach @ California business attorneys | Oakland CA

Wed Sep 20 11:23:35 PDT 2017

Let one truth drive your search for legal counsel in your company’s bankruptcy: the more complex the case the more crucial the need for an attorney steeped in bankruptcy law. Let’s call that rule #1 – hire an attorney with a proven track record in bankruptcy law. Rule #2? read Rule #1. It may be ...Read more

The post How to Choose a Bankruptcy Attorney appeared first on California business attorneys | Oakland CA.

It’s Cut and Dry: Ninth Circuit Adopts “Primary Beneficiary” Analysis, Concludes Cosmetology and Hair Design Students Were Interns, Not Employees

by Cary G. Palmer @ States – Wage & Hour Law Update

Thu Dec 21 10:40:19 PST 2017

Former students at a cosmetology and hair design school with locations in California and Nevada were interns and not employees entitled to wages under the FLSA or state law, the Ninth Circuit has held.  Benjamin v. B&H Education, 2017 U.S. App. LEXIS 25672 (9th Cir. Dec. 19, 2017).  In so concluding, the Ninth Circuit adopted...… Continue Reading

2018 California Legislative Update: It’s Spring! What Bills Have Sprung?

by Kristina M. Launey, Walter Mullon and Melissa Aristizabal @

Thu Mar 22 10:26:29 PDT 2018

Seyfarth Synopsis: Dominating this spring’s planting of proposed employment-related legislation are bills aimed at ending sexual harassment and promoting gender equity. Among the secondary crops are bills regarding accommodation, leave, criminal history, and wage and hour law. It threatens to be another bitter fall harvest for California’s employer community.

California legislators stormed into the second half of the 2017-18 legislative … Continue Reading

A Complete Guide to Gratuity & Tip Laws in California

by Kevin Panahi @ RecoverMyWages.com

Wed Jan 03 03:10:34 PST 2018

Employees in the hospitality industry already have it tough enough dealing with difficult customers who demand the world from them. Having to understand the minefield that is California tip laws is something they probably don’t want to deal with. This is especially the case when faced with disputes over tip skimming with their employers or […]

The post A Complete Guide to <samp>Gratuity</samp> & <samp>Tip Laws</samp> in California appeared first on RecoverMyWages.com.

Quirky Question #287: “Cat’s Paw” Claims – How could an employer violate antidiscrimination laws, even though the decision-making manager has no discriminatory bias at all?

by David Y. Trevor @ Quirky Questions

Fri Aug 05 12:00:39 PDT 2016

Question: We just went through a five-person layoff, and one of the individuals laid off (an African American) has hired a lawyer and is threatening to sue for racial discrimination. I have enormous confidence in the fairness of the individual manager making the layoff selections, and those selections were based on years of performance ratings.  However, […]

Labor Law Posters 2018

by Andy Przystanski @ Namely: HR News

Thu Feb 01 07:07:18 PST 2018

Print a copy of every mandatory federal workplace poster.

Male Sexual Harassment Claims on the Rise: A 10-Point Checklist for Prevention Training

by EKO @ EKO

Tue Jun 10 17:15:32 PDT 2014

The U.S. Equal Employment Opportunity Commission (EEOC) recently announced that the Cheesecake Factory will pay $345,000 to settle a lawsuit alleging that six male employees were sexually harassed by male kitchen workers at one of the chain’s restaurants in Phoenix. Managers allegedly witnessed the harassment – which included groping, sexual comments, and forced simulations of […]

The post Male Sexual Harassment Claims on the Rise: A 10-Point Checklist for Prevention Training appeared first on EKO.

When “try out” time needs to be paid under California law

by Anthony Zaller @ California Employment Law Report

Fri Mar 09 18:13:56 PST 2018

When hiring an employee, employers need to be mindful that any tests of the employee’s skills during the hiring process does not cross the line to become actual work that the applicant must be paid for.  Employers sometimes will ask applicants to demonstrate their food preparation skills in a restaurant setting, handling tools in a...

The post When “try out” time needs to be paid under California law appeared first on California Employment Law Report.

The California Professional Exemption Explained

by Kevin Panahi @ RecoverMyWages.com

Fri Oct 06 11:46:26 PDT 2017

Are you aware of the rules used to classify an employee as an exempt professional under California law? Unlike the more strictly quantitative outside sales exemption salary basis test, California’s professional exemption relies on numerous tests, connected to both job description and salary. It is essential to understand exactly what these standards and tests mean […]

The post The California <samp>Professional Exemption</samp> Explained appeared first on RecoverMyWages.com.

#Time’s Up? Not Yet, For Harassment Claims

by Lara A. Levine and Tiffany T. Tran @

Wed Feb 28 06:00:56 PST 2018

Seyfarth Synopsis: The California Legislature has introduced a new bipartisan bill, AB 1870, that would give all employees—not just those claiming sexual harassment—three years to file DFEH complaints of unlawful discrimination, instead of the one year provided by current law.

More time to report discrimination

With the #MeToo movement sweeping the nation, California legislators are introducing bills aimed at giving … Continue Reading

California Supreme Court Adopts State Agency Formula for Calculating Overtime Value of Flat-Sum Bonus, Rejecting Federal View

by Jeffrey W. Brecher @ States – Wage & Hour Law Update

Mon Mar 12 07:20:51 PDT 2018

The California Supreme Court has held that, under state law, when an employee earns a flat-sum bonus during a pay period, the overtime pay rate will be calculated using the actual number of non-overtime hours worked by the employee during the pay period. Alvarado v. Dart Container Corp., 2018 Cal. LEXIS 1123 (Cal. Mar. 5,...… Continue Reading

Austin Adopts Paid Sick and Safe Leave

by Don Davis @ Employment Matters

Mon Mar 05 12:54:40 PST 2018

Austin, Texas recently became the first municipality in the South to enact a paid sick and safe leave law for private sector employees.  The sick and safe leave ordinance will take effect on October 1, 2018 for employers with five or more employees.  Employers with fewer than 5 employees will have an additional two years... Continue Reading

California to Hold Direct Contractors Jointly Liable for Subcontractor’s Unpaid Wages and Fringe Benefits

by Cary G. Palmer and Sierra Vierra @ States – Wage & Hour Law Update

Fri Nov 10 13:23:11 PST 2017

Beginning with contracts entered into on or after January 1, 2018, direct (general) contractors in California will be held jointly liable for their subcontractors’ unpaid employee wages, fringe benefit or other benefit payments or contributions under Assembly Bill 1701, signed into law by Governor Jerry Brown on October 14th. This joint liability requirement is codified...… Continue Reading

Requesting Your Employment Records & Personnel File (Sample Letter)

by Kevin Panahi @ RecoverMyWages.com

Sat Oct 07 07:40:14 PDT 2017

You may have recently had some suspicions regarding your employer’s human resources practices. You may believe that your employer failed to properly account for the hours you worked, failed to pay you overtime, or terminated you for an unlawful reason. But before you drive down to the California labor board and file a wage claim, […]

The post Requesting Your <samp>Employment Records & Personnel File</samp> (Sample Letter) appeared first on RecoverMyWages.com.

Business owner files Chapter 7 due to $1-M labor lawsuits

by Atty. Larry Yang @ Consumer

Fri Mar 16 23:28:08 PDT 2018

THE client is 65. He operates a service-oriented business with three outlets in strip malls. He has been in business for eight years. Of the three outlets, two are losing money, while the third has some profit that subsidizes the … Continue reading →

Supreme Court (Re)hears Oral Argument on Application of Automobile Dealer Exemption to Service Advisors

by Jeffrey W. Brecher @ States – Wage & Hour Law Update

Mon Jan 22 12:33:10 PST 2018

Last week the Supreme Court heard – for the second time – oral argument in Encino Motorcars, LLC v. Navarro.  At issue is whether “service advisors” at dealerships are covered by what’s known as the “automobile dealer” exemption set forth in Section 213(b)(10)(A) of the FLSA.  That exemption excludes from overtime any “salesman, partsman, or...… Continue Reading

Can My Boss Fire Me at Any Time for Any Reason? What is “at will”? (2018)

by Eugene Lee @ California Labor and Employment Law

Mon Jan 21 12:31:10 PST 2013

“At-Will”. California is an “at-will” employment state. What does this mean? In most cases, it means that your boss can fire you at any time for almost any reason or no reason at all. She can fire you because she doesn’t like you thinks you’re too tall or short thinks you talk too much or…

The post Can My Boss Fire Me at Any Time for Any Reason? What is “at will”? (2018) appeared first on California Labor and Employment Law.

Long Beach State working to keep Dan Monson as basketball coach

by Robert Morales @ Orange County Register

Tue Mar 27 16:16:45 PDT 2018

Athletic Director Andy Fee believes Monson is the right person to continue coaching the program, so he's working on a long-term contract extension to keep him at the school.

San Francisco Minimum Wage Rate Increases to $10.74 in 2014

by Alexei Kuchinsky, Esq @ San Francisco Employment Law Attorney Blog

Mon Jan 06 00:01:41 PST 2014

Beginning January 1, 2014, all employers must pay to each employee who performs work in San Francisco (including temporary and part-time employees) wages not less than $10.74 per hour. The increase is a continued effort of the legislative measure  passed by the San Francisco voters ten years ago. As you remember, on November 4, 2003, […]

California Labor Board Complaint – How To File

by Kevin Panahi @ RecoverMyWages.com

Tue Aug 01 17:12:44 PDT 2017

Workers frequently encounter wage and hour violations in the workplace but are often too intimidated to pursue a claim against their employers in civil court. Time constraints, expenses, the potential for verbal confrontation, and the adversarial nature of litigation discourages most workers. Fortunately, there is an alternative! Instead of filing a civil action seeking judicial […]

The post California <samp>Labor Board</samp> Complaint – How To File appeared first on RecoverMyWages.com.

Bankruptcy: Making the law work to your benefit

by Atty. Raymond Bulaon @ Consumer

Fri Mar 16 23:22:30 PDT 2018

When your financial circumstances are forcing you to declare bankruptcy, bankruptcy can be one way of dealing with debts that you can no longer manage on your own.  Of course, the decision should not be taken lightly and it is … Continue reading →

New OT Law Leaves Little Wiggle Room for Companies

by Chris Cooke @ Cooke & Associates

Tue Jun 21 07:19:16 PDT 2016

Are you aware that the Department of Labor and the Fair Standards Act will mean higher costs for some companies? Millions of additional Americans will qualify for overtime pay under a major change in federal labor law announced recently by the Obama administration. The change under the Fair Labor Standards Act doubles the annual salary […]

The post New OT Law Leaves Little Wiggle Room for Companies appeared first on Cooke & Associates.

How to Avoid an Employee Lawsuit as an Employer

by Beck Law P.C. @ California Labor & Employment Law

Fri Mar 02 15:50:42 PST 2018

The last thing you need as an employer is an employee lawsuit. Running a business is not easy. It requires an assortment of skills that include business savvy, financial prowess, organizational mastery, and schmoozing finesse to deal with customers, competitors, and employees. In the event that you wind up battling an employee lawsuit, consulting with an experienced […]

Are Unpaid Internships Legal in California? A Law Guide for Interns

by Kevin Panahi @ RecoverMyWages.com

Fri Oct 13 11:03:17 PDT 2017

Unpaid Internships in California have seen a steady increase over the years. It’s easy to see why – internships give students and other young adults a way to obtain real-time, hands-on experience in fields they hope to pursue. They also offer large companies a nearly endless source of free labor to stock their offices with. […]

The post Are <samp>Unpaid Internships</samp> Legal in California? A Law Guide for Interns appeared first on RecoverMyWages.com.

5 Labor Rights Every Cannabis Worker Should Know

by Kevin Panahi @ RecoverMyWages.com

Wed Dec 07 23:05:19 PST 2016

Demand for cannabis workers is forecasted to grow substantially in the state of California with the passage of proposition 64, which legalizes recreational marijuana. In fact, by 2026 many experts have projected that the cannabis industry is expected to generate a whopping fifty billion dollars. Startups in the marijuana industry are quickly popping up everywhere, […]

The post 5 Labor Rights <samp>Every Cannabis Worker Should Know</samp> appeared first on RecoverMyWages.com.

Austin Passes Historic Paid Leave Law

by Andy Przystanski @ Namely: HR News

Thu Feb 22 06:14:14 PST 2018

The city is the first in Texas (and the South) to pass a sick leave mandate.

Protect Your Company from Copyright Infringement Claims – Register Your DMCA Designated Agent

by Lonnie_Finkel @ California business attorneys | Oakland CA

Mon Jul 24 09:54:54 PDT 2017

If your company has a website that allows users to post any kind of content, you may be at risk for copyright infringement under U.S. copyright law if any of the content is not original to the party posting it. With most companies now leveraging multiple social media platforms, in addition to their traditional websites, ...Read more

The post Protect Your Company from Copyright Infringement Claims – Register Your DMCA Designated Agent appeared first on California business attorneys | Oakland CA.

California Employees’ Right to Organize a Union

by Beck Law P.C. @ California Labor & Employment Law

Fri Feb 09 16:23:29 PST 2018

Union organization changed the lives of California workers decades ago. Arguably, it was the work of those early activists that propelled many of the working class into the middle class, providing them with opportunities to own their own homes and earn disposable income. Despite the heroic beginnings of the union movement, only 16% of today’s […]

It’s Cut and Dry: Ninth Circuit Adopts “Primary Beneficiary” Analysis, Concludes Cosmetology and Hair Design Students Were Interns, Not Employees

by Cary G. Palmer @ Wage & Hour Law Update

Thu Dec 21 10:40:19 PST 2017

Former students at a cosmetology and hair design school with locations in California and Nevada were interns and not employees entitled to wages under the FLSA or state law, the Ninth Circuit has held.  Benjamin v. B&H Education, 2017 U.S. App. LEXIS 25672 (9th Cir. Dec. 19, 2017).  In so concluding, the Ninth Circuit adopted...… Continue Reading

Our Ear in the Crowd: FEHC Hears Comments on New Regulations

by Rabia Z. Reed and Colleen Regan @

Wed Jan 31 12:12:35 PST 2018

Seyfarth Synopsis: The Fair Employment and Housing Council issues regulations to implement California’s employment and housing anti-discrimination laws, including the FEHA, the CFRA, and the Unruh and Ralph Civil Rights Acts. The FEHC also conducts inquiries and holds hearings on various civil rights issues. The latest FEHC meeting was held on December 11, 2017. Our own correspondent was there, and … Continue Reading

CalChamber States Positions on Pending Ballot Initiatives

by CalChamber @ CalChamber Alert

Fri Mar 16 05:59:27 PDT 2018

The California Chamber of Commerce this week announced its positions on a number of initiative proposals that have not yet qualified for the ballot. The CalChamber Board of Directors has taken positions on the following initiative proposals: • People’s Initiative to Protect Proposition 13 Savings—Support. • California Care Act—Oppose. • California Schools and Local Communities Funding Act of 2018—Oppose. • Affordable Housing Act—Oppose. • Fair Pricing for Dialysis Act—Oppose. • California Consumer Privacy Act—Oppose. People’s Initiative to Protect Proposition 13 Savings The People’s Initiative allows homeowners over 55 years old to sell their homes, move, and transfer their property tax basis to the new residence. Proposition 13, passed by California voters in 1978, generally limits ad valorem property taxes to 1% of the full cash value of the property plus a maximum increase of 2% per year. The full cash value is the value of the property in 1975–1976 or “the appraised value of real property when purchased, newly constructed, or a change in ownership has occurred after the 1975 assessment.” Selling a home and buying a different home creates a new tax basis. Since 1978, voters have twice tweaked the portability of the Proposition 13 tax basis: • Proposition [...]

Light: Labor laws driving businesses to leave state

by Guest commentary @ Pacific Coast Business Times

Fri Mar 23 17:14:21 PDT 2018

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Must Employers Pay Overtime for Salaried Employees?

by Kevin Panahi @ RecoverMyWages.com

Mon Dec 12 16:27:36 PST 2016

Depending on who you ask during your next trip to the water cooler about whether employers must pay overtime for salaried employees you may get a different answer. This is because of the complexities surrounding overtime pay law, and the difficulty most people have in understanding overtime exemptions. One thing is for sure, the generally […]

The post Must Employers Pay Overtime for <samp>Salaried Employees?</samp> appeared first on RecoverMyWages.com.

Quirky Question #284: If a tree falls in the forest and no one hears it, can you still unlawfully retaliate against it?

by David Y. Trevor @ Quirky Questions

Wed Jul 13 10:20:06 PDT 2016

Question: One of our male supervisors wants to fire a female employee who complained that he was sexually harassing her. The harassment allegations appear to have some substance: he asked her for pictures of herself in a bikini; told her to “stay off [her] knees,” which she viewed as sexual innuendo; and told her that […]