As we previously reported (here), California requires private employers of 100 or more employees (with at least one employee in California) to report pay and demographic data to the California Civil Rights Department (“CRD”) (formerly the Department of Fair Employment and Housing). Senate Bill 1162 (previously covered here) enhanced California’s reporting requirements by:
A pair of recent studies reported here indicates that the pandemic-related remote workforce trend shows signs of reversal. According to a recent survey conducted by the U.S. Department of Labor, 72.5% of business establishments reported that their employees teleworked rarely or not at all in 2022. That number was 60.1% in 2021. A second survey conducted by economists found that in February 2023, businesses reported
Last summer, we reported here the California Supreme Court ruling that premium payments owed under Labor Code section 226.7 for meal and rest break violations constitute “wages.” The Naranjo et al. v. Spectrum Sec. Servs., Inc., 13 Cal. 5th 93, 102 (2022) decision had significant ramifications because it triggered related obligations for employers to report the premiums on employee wage statements, pay employees these
In recent years, employees (and their lawyers) have taken a variety of approaches to challenging the enforceability of workplace arbitration agreements. One common tactic has been to claim that they “don’t remember signing it” and, therefore, should not be required to arbitrate their claims. And at least one Court in the Second Appellate District has accepted this excuse. See Gamboa v. Northeast Community Clinic
On January 1, 2023, the IRS mileage rate increased to 65.5 cents per mile for driving done for business purposes. This is a three (3) cent increase from the rate set for the second half of 2022. According to the IRS, this rate applies “to electric and hybrid-electric automobiles, as well as gasoline and diesel-powered vehicles” and was calculated “based on an annual study
California employers are required to post several notices and distribute various pamphlets informing employees of their employment rights. Effective January 1, 2023, eight (8) out of eighteen (18) of these required notices will be updated. The eight (8) notices that will be updated are the following:
1. California Minimum Wage;
2. Family Care and Medical Leave and Pregnancy Disability Leave;
3. Your Rights and Obligations
A California court has ruled that an arbitrator (not a judge) should decide on the applicability of California Labor Code Section 925 to a dispute between a law firm partner and his former law firm. Zhang v. Superior Court, 2022 WL 16832570 (Cal. Ct. App. 2022). This ruling potentially undermines the protections of Labor Code Section 925, which permits an employee to
To properly calculate the overtime rate for a non-exempt employee, employers must first calculate the “regular rate of pay.” Under federal law, and the laws of most states, the regular rate is determined by dividing the employee’s total weekly remuneration (except for a handful of categories that are specifically excluded, such as gifts and payments for non-working hours) by the total number of hours actually worked by the employee that week. But certain states, including California, require a different calculation—one that, depending on the nature of the compensation, can only be divided by some, but not all, of the total hours worked in the week.
A new year brings new employment laws for California employers. California employers will want to begin revising employee policies and handbooks now, so that they are prepared to comply with these new laws when the majority of them go into effect on January 1, 2023. Here are five new employment laws that every California employer should know:
AB 1041 (Expanded Definition of “Family Member” for
As in other sectors of the economy, there is a labor shortage in the funeral industry. However, unlike other fields in which the demand for workers is outpacing supply, the interest in joining the ranks of the funeral services business is booming. The American Board of Funeral Service Education (“ABFSE”), the national academic accreditation agency for college and university programs in Funeral Service and