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[Republication of an email notice from 3/23/3030] Dear Clients, Associates, and Friends, I would like to update you on the status of Employer Obligations and Employee Rights concerning the Coronavirus outbreak. There have been some very recent changes in response to this public health emergency, so please ensure you are in compliance. First, to remind you that on Thursday, March…
Starting in 2019, California employers with 5 or more employees must provide training to their employees for Sexual Harassment and Abusive Conduct Prevention.� (Senate Bill 1343; Government Code �12950.1)� Employers should not try and over analyze the �5 or more employees� requirement.� That head count includes regular employees, seasonal and temporary hires, and even includes including independent contractors. This should…
Recently, the California Supreme Court issued a decision laying out the newest piece of law on the age old question of whether a worker should be classified as an employee or an independent contractor. (See Dynamex Operations West v. Superior Court, No. S222732, April 30, 2018, Slip Op. at 66-67) While there is always room for attorneys to pull…
Beginning on January 1, 2018, Section 432.3 was added to the California Labor Code and prohibits any employer from seeking a prospective employee�s salary history or relying upon such information unless that information was first volunteered by the prospective employee.� The only other exception to the new law is found in subsection (e) that excepts salary information �disclosable to the…
Recently, the United States Ninth Circuit Court of Appeals (which includes California) ruled on how we answer the question Is Your New Hire an Unpaid Student Intern or a Paid Employee? The Federal court adopted what is referred to as the �Primary Beneficiary Test� to determine this issue under the Fair Labor Standards Act (�FLSA�).[1]� (Benjamin v. B&H Education, Inc.,…