How employers will need to defend California employment lawsuits, Labor Commissioner actions and even arbitrations must evolve come the New Year due to changes in the law that become effective January 1, 2021. In this post, I identify and explain five important developments that businesses and their employment defense counsel need to be aware of
[UPDATE: Guidance issued by the California Department of Fair Employment and Housing on these new requirements may be found here.]
California employers with 100 or more employees are now required to file with the state detailed annual reports setting out demographic, pay and position information on their employees. As for the purpose of requiring
Employees who suffer physical or mental injury due to a crime will be entitled to job-protected leave and other protections from their employers under legislation signed this week by Governor Gavin Newsom. Employers will bear such obligations without confirmation from law enforcement that a crime occurred and where no one is arrested or prosecuted.
Newly signed legislation makes it easier and faster for employees to obtain workers compensation benefits for contracting COVID-19. The statutes, which went into effect on Governor Gavin Newsom’s signing of SB 1159 on September 17, 2020, impose important new obligations on employers.
The legislation provides that a “disputable presumption” will arise in certain circumstances that
THIS POST HAS BEEN UPDATED WITH THE GOVERNOR’S ACTION ON EACH BILL DISCUSSED.
Anticipation mounts as we watch for California Governor Gavin Newsom’s action on bills of immediate importance to employers. The Governor has until September 30, 2020 to sign or veto the following bills of concern:
SB 1383 – Historic Extensions of California
Most of the California Wage Orders say that: “All working employees shall be provided with suitable seats when the nature of the work reasonably permits the use of seats.” The problem with that requirement is that no one knows how to define “suitable seats,”
“Wage Theft” is the term used now for employers who fail to understand all the nuances of California’s ridiculously complicated payroll laws. Mischaracterize an employee as an independent contractor (an issue state agencies can’t even agree on) and you’re a wage thief.
I’ve made no secret of the fact that I think “wage theft” is a ridiculous term for employers who don’t understand the nuances of California’s ridiculously complicated payroll requirements. If someone is intentionally violating the wage and hour laws, then I can see how the term would apply. But the vast majority of employers I
Actually, it’s not a new police procedural coming this Fall. As I’ve written before, the Division of Labor Standards Enforcement now has a Criminal Investigation Unit – with powers to issue search warrants, make arrest, and even carry guns.
Like many, my initial reaction to labor commissioners with guns can best be described as
I have the privilege of participating in a panel discussion on The DLSE’s Growing Arsenal: What Employers Need to Know. Joining me on the panel will be:
The presentation runs from 8:30 to 9:30 on