The Blog

New Employer Laws 2018: After Two Quiet Years, California State Legislators Hammer Job Creators (Employers)

Summary:

LC 1182.12 Reminder CA Minimum Wage Goes Up January 1, 2018
Time To Redo Your Job Applications

AB 168 California Employers Cannot Ask for Salary Information or Rely On Salary Info In Hiring Decision or Salary Decision
AB 1008 California Employers Cannot Ask For Any Conviction History On Application

SB 63 California Employers With 20+ Employees Must Allow Parental Leave
SB 450 California Employers Now …

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Has the Ninth Circuit Crippled Employer-Employee Arbitration?

Arbitration is a critical tool for California and small and medium businesses to deal with the escalating costs of traditional litigation. Arbitration allows employer-employee disputes to be resolved in a quicker, less formal manner. That does not sit well with many judges and plaintiff’s attorneys, who continue to mount attacks on the validity of arbitration agreements despite the mandates of …

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Use Stand-Alone Agreements For Employment Arbitration

Employee handbooks are an essential legal document that every California small and medium business (SMB) should have. An effective employee handbook spells out what you expect from your employees and helps protect your business from potential lawsuits. But if you want an enforceable arbitration agreement for employment disputes don’t bury it in your employee handbook. Use a separate stand-alone arbitration …

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Uber Decision Good News (Mostly) for Employers Who Seek Arbitration

Arbitration has always been a controversial issue in California employment law. State judges are typically more hostile towards private arbitration agreements than federal courts. This puts a burden on employers, who must fight just to enforce arbitration agreements that their employees agreed to. But even when employers offer arbitration agreements under clear terms it can take a trip to federal …

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Maintain Privacy of Workplace Investigations

Some Complaints Need Legal Investigation
Business owners in California have to deal with employees who complain about violations of their rights, harassment, discrimination, retaliation, complaints about break times and we’re just getting started. It’s tough enough for small businesses just to keep track of all the legal rules when it comes to their employees. Then, when an employee says that the …

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California Law & Employee-Seating Requirements

Don’t Sit on California’s Employee-Seating Requirement
Are you complying with California labor law’s seating requirement?
Perhaps the question surprises you. Most California wage orders require an employer to provide “suitable seats” when the “nature” of an employee’s job “reasonably permits” their use. The California Supreme Court recently clarified what each of these terms mean and what is required of California employers.
California Wage …

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Social Media for Employers – Too Much Risk for the Reward?

Suppose you own a restaurant. To drive sales and improve customer satisfaction, you set up a company Twitter account to notify customers of deals and to allow for feedback. One day, your manager (who monitors the account) notices an employee of yours has been posting critical remarks about management. For example, after a customer posts a statement of gratitude for …

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Avoid “Whistleblower” Liability Under Labor Code 1102.5

Imagine this scenario:
One of your employees receives an expensive ring for her 25th wedding anniversary. She wears the ring to work every day. On an otherwise normal Monday, the ring goes missing. The employee suspects a coworker and files a police report. On at least two occasions, officers show up to investigate and question you and your employees. Naturally, you …

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2016 California Minimum Wage Increase – Give Your Exempt Employees a Raise, Again!

California’s minimum wage rises to $10 per hour starting January 1, 2016. Once again, California employers must gear up for pay raises, not just for employees paid on an hourly basis at minimum wage, but also for exempt employees. We explained why this is the case two years ago when California’s minimum wage last rose. The lesson is important, so we’ll adjust the …

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“Piece Rate” Employers: Use Your New Affirmative Defense!

In California, piece rate compensation plans have been on the chopping block since 2013. That’s when two California courts ruled that piece-rate employers had to separately pay employees for rest and recovery periods and “nonproductive” time. Back then we wrote those decisions put the “nail in the coffin” for piece rate compensation in California.
Those 2013 decisions also opened the flood gates for class …

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