California Employment Law Update
Anthony DiBenedetto

Anthony DiBenedetto

Associate

Anthony DiBenedetto is an associate in the Labor & Employment Law Department where he represents employers in all areas of labor and employment law, including unlawful discrimination, harassment, and retaliation claims, state and federal wage and hour class actions, trade secrets claims, and traditional labor law. Anthony also investigates and defends against whistleblower claims. In addition, Anthony counsels clients on compliance with state and federal employment laws and on developing, implementing and enforcing personnel policies and procedures, and advises employers with respect to labor and employment issues that arise in a variety of corporate transactions.

Anthony’s experience includes representation of employers in a variety of industries, including professional sports, telecommunications, asset management, automotive manufacturing, financial services, global food service, grocery chains, security services, retail, and media and entertainment.

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California Raises Minimum Wage to $15 Per Hour and Increases Minimum Salary for Exempt Employees

On April 4, 2016, Governor Brown signed Senate Bill 3, which will increase California’s minimum wage annually, reaching $15 per hour for employers with at least 26 employees by January 1, 2022.  This bill enacts the highest statewide minimum wage in the nation, on par with New York, which enacted a bill mandating a $15 … Continue Reading

New California Regulations Regarding Discrimination, Harassment and Pregnancy Disability Leave

New California anti-discrimination, anti-harassment, and pregnancy disability leave regulations go into effect on April 1, 2016.  The substantive law regarding these issues has not changed.  However, the new amendments enumerate detailed requirements regarding anti-harassment policies and investigations, and institute additional notice and recordkeeping requirements. Anti-Discrimination and Harassment Regulations The new anti-discrimination and harassment regulations clarify … Continue Reading

Q&A — California’s New Paid Sick Leave Law

We recently held a webinar titled California’s New Paid Sick Leave Law: Are you Ready for the Big Changes Ahead? to help prepare employers for California’s new paid sick leave law.  More than 400 people registered for the webinar, and we received well over 100 participant questions. We realized that everyone — including those who could not attend … Continue Reading

San Francisco Passes the “Retail Workers Bill of Rights”

San Francisco recently enacted two sweeping ordinances that are being referred to as the “Retail Workers Bill of Rights” (you can find the ordinances here and here). The new laws impose strict new requirements on retail employers and establishments in the City of San Francisco. While the ordinances became effective on January 5, 2015, employers … Continue Reading

Lawful Shmawful: Ninth Circuit Ignores Lawful Written Policy and Uses Statistical Sampling to Certify Class Based on Alleged “Unofficial Policy”

On September 3, 2014, the U.S. Court of Appeals for the Ninth Circuit upheld certification of a class of approximately 800 nonexempt insurance claims adjusters who claimed they worked overtime without compensation despite the employer’s lawful written policy to pay nonexempt employees for all hours worked. In Jimenez v. Allstate Ins. Co., the Ninth Circuit upheld … Continue Reading

Governor Brown Signs New Laws Affecting California Employers

Minimum Wage Increase Gov. Brown has signed into law a measure that will increase California’s minimum wage from $8.00 per hour to $9.00 per hour on July 1, 2014, and to $10.00 per hour on January 1, 2016. So, California employers must prepare for a 25% increase in the minimum wage over the next two … Continue Reading

California Court Limits “Coming And Going” Exception In Finding Employer Liable For Car Accident That Occurred While Employee Was Commuting From Work And Running Personal Errand

Employers sometimes face vicarious liability for personal injury and property damage when employees use their own vehicles in connection with the performance of their job duties and get into traffic accidents.  When facing such claims, California employers have generally been able to rely on legal exceptions that carve out an employee’s regular commute as well … Continue Reading

New IRS Guidance On Tax Treatment Of Attorney’s Fees

The IRS recently released a memorandum advising taxpayers on the proper tax characterization of attorney’s fee payments in connection with a settlement of or judgment in an employment dispute. Courts have long held that payments to plaintiffs for their attorney’s fees pursuant to a fee shifting statute belong to the plaintiff, not the attorney.  Thus, … Continue Reading

California Amends Sexual Harassment Law

Governor Brown signed Senate Bill 292 this week, amending the Fair Employment and Housing Act to allow an employee claiming sexual harassment to prevail without having to show that the allegedly harassing conduct was motivated by the harasser’s “sexual desire.” S.B. 292 was authored by Senate majority leader Ellen M. Corbett and principally sponsored by … Continue Reading
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