Recently the 2nd District Court of Appeals ruled against Lexmark International, Inc., that its vacation policy violated California Labor Code Section 227.3 which states in pertinent part that an employer’s vacation policy “shall not provide for forfeiture of vested vacation time” and awarded plaintiffs $13 million. Under California law and as affirmed by the court, …
On September 25, 2013, California Governor Jerry Brown signed a new law making California the first state to reach a $10 per hour minimum wage. The new law raises the minimum wage from the current $8 per hour to $9 per hour July 1, 2014, and then to $10 per hour January 1, 2016.This rise …
By Ashley Kaplan As the number of women accusing San Diego Mayor Bob Filner of sexual harassment reaches the double digits, public interest surrounding the case is at an all-time high, as well. In the wake of the accusations – and despite intense pressure to resign – Filner refuses to step down. Instead, Filner is …
CA UPDATE: The 2 Critical Questions From San Diego’s Sexual Harassment Scandal Read More »
SPECIAL 2013 LEGAL UPDATE ALERT As part of Holman HR’s continuing efforts to keep you, our client apprised of new legislation, below is a comprehensive list and summary of all new employment laws for 2013 affecting California employers. For our clients who do not operate facilities within California we will also update you as to …
New PDL rules went into effect 12-30-12. These changes to California’s Pregnancy Disability Leave Law requires all employers in the state to display new postings and notices. The content of the postings is available at http://www.dfeh.ca.gov/Publications_Publications.htm. Other substantive changes include the requirement that employers must notify an employee in writing of any medical certification requirement …
EMPLOYMENT ARBITRATION AGREEMENTS: Good news for employers, at least those outside of California The Case & Ruling: Rent-A-Center v. Jackson, the United States Supreme Court held that arbitration agreements are contracts, and, like other contracts, should be enforced according to their terms which terms may include a provision allowing an arbitrator to determine that …
In California under the IWC wage orders an entity can be held part of an employer/employee relationship if any one of the following three scenarios are satisfied: (1) “to exercise control over the wages, hours or working conditions;” or (2) “to suffer or permit to work;” or (3) “to engage,” a common law definition. Elements …
CA Update LAWlert: Supreme Court broadens definition of employer Read More »
Under California law, a commissioned inside sales representative covered either by Wage Order 4 or Wage Order 7 can be classified as an exempt employee if: Total compensation exceeds 1.5 times the minimum wage for each hour worked during the pay period (As of January 1, 2008, 1.5 x $8.00 = $12.00/hour); and at least …
CA UPDATE: Is Your Commissioned In-House Sales Employee Exempt from Overtime? Read More »
Effective October 8, 2010, California employers must comply with new workers’ compensation posting requirements as a result of recently passed regulations. All California employers must post a new “Notice to Employees–Injuries Caused by Work” poster by October 8. All employers must also distribute a new “Your Rights to Workers’ Compensation Benefits” pamphlet to all new …
CA UPDATE: New Workers Comp. Law Effective 10/08/10 Read More »
An employer cannot legally make a deduction from wages if, by reason of mistake or accident a cash shortage, breakage, or loss of company property/equipment occurs. The California courts have held that losses occurring without any fault on the part of the employee or that are merely the result of simple negligence are inevitable in …
