The 12 Days of California Labor and Employment Series – Day 8 "Expansion of COVID-19 Layoff Recall Rights"

In the spirit of the season, we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On the eighth day of the holidays, my labor and employment attorney gave to me eight maids-a-milking and SB 723.

Layoffs and reductions in force were prevalent during the pandemic. Job layoffs severely impacted the hospitality and building services industries during the pandemic. Based on the number of layoffs and the primary industries affected, California passed SB 93 in 2021. This bill created California Labor Code Section 2810.8. More ›

The 12 Days of California Labor and Employment Series – Day 6 "Employers Beware - Rebuttal Presumption Potentially Available for Retaliation Claims"

In the spirit of the season, we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On the sixth day of the holidays, my labor and employment attorney gave to me six geese-a-laying and SB 497. More ›

California Supreme Court Expands Protections for Employees Claiming to be "Whistleblowers"

On January 27, 2022, the California Supreme Court issued its Opinion in Lawson v. PPG Architectural Finishes, No. S266001, __  Cal. 5th ___, 2022 Cal. Lexis 312 (Jan. 27, 2022) regarding the proof paradigm in California "whistleblower" retaliation cases. This decision increases the evidentiary burden on defendants seeking summary judgment. It also clarifies that the proof paradigm in McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973), does not apply to California whistleblower claims. McDonnell Douglas established a three-step burden-shifting framework in discrimination cases. The California Supreme Court took the opportunity to clarify the evidentiary burdens and noted that section 1102.6 of the California Labor Code already provides a complete description of the evidentiary burden in a whistleblower case. More ›

Hinshaw's 12 Days of California Labor & Employment Series – Day 5: New Successor Liability for Wage and Hour Judgements

In the spirit of the season—and keeping some semblance of normal—we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On this fifth day of the holidays, my labor and employment attorney gave to me: five golden rings and AB 3075.

Existing law requires a corporation and foreign corporation, limited liability company, or foreign limited liability company registered to transact intrastate business to file specified documents disclosing information regarding entity with the Secretary of State, including a statement of information. This contains information regarding the general type of business that constitutes the principal business activity of the corporation or limited liability company. There are currently nine specific items a business must provide. Under AB 3075, the statement of information must also indicate whether any officer or any director—or, in the case of a limited liability company, any member or any manager—has an outstanding final judgment issued by the Division of Labor Standards Enforcement (DLSE) or a court of law for the violation of any wage order or provision of the Labor Code. More ›

California Appeals Court Confirms Constitutionality of Piece-Rate Compensation Statute

In Nisei Farmers League vs. California Labor and Workforce Development Agency, California’s Fifth Appellate District confirmed the constitutional validity of Labor Code section 226.2, a recently enacted law providing that employees paid on a piece-rate basis must be paid at least minimum wage, and must be paid for rest and recovery periods and “other nonproductive time” separate from any piece-rate compensation. Under a piece-rate system, employees are not paid by the hour, but rather based on activities, task or units of production completed. For example, employees are paid by the number of widgets they produce. The goal of the statute was to make sure employers who pay under a piece-rate system also comply with all minimum wage law requirements that apply to hourly workers. More ›

California Court Okays Hour Rounding Policy

In  AHMC  Healthcare,  Inc.  v.  Letona,  decided  earlier  this  week,  a  California  state  of  appeals  court  considered  an  employer's  use  of  a  time  clock  rounding  system  and  whether  it  violated  California  Labor  Law.  While  it  is  a  California  case,  it  rests  on  the  federal  regulation  governing  time  rounding  found  in  29  CFR  §  785.48  and  is  thus  an  instructive  case  for  all  employers  who  use  or  are  thinking  about  adopting  a  rounding  policy.  More ›

The 12 days of California Labor & Employment Series – Day 4 "Domestic Violence, Sexual Assault and Stalking"

It's the end of the year and while everyone is busy, employers in California should be aware of new laws and regulations that go into effect on January 1, 2018. In the spirit of the season, we are using the next "12 days of the holidays" to blog about one California law a day and that law's impact on California employers. On the fourth day of Christmas, my Labor and Employment attorney gave to me – four calling birds and AB 2337. More ›

California Adds New Notice Requirement for Domestic Violence, Sexual Assault and Stalking Victims

Employers, another notice provision has taken effect in California. Beginning on July 1, 2017, employers with at least 25 employees must now provide written notice to new employees that explain the rights of victims of domestic violence, sexual assault, and stalking. More specifically, the required notice mandates employers notify new employees of their rights under Labor Code Sections 230 and 230.1. These sections detail the following points: More ›