California Employment Law Update

Tag Archives: California Labor Commissioner

Statute Prohibits Employer Retaliation For Report Of Unlawful Activity Even If It’s Already Known To Employer

By Tony Oncidi on Posted in Cal. Lab. Code § 1102.5(b), California Division of Labor Standards Enforcement, California Labor & Employment Law, California Labor Code, California Supreme Court, Immigration, Retaliation, Wage Statements, Whistleblowers
People ex rel. Garcia-Brower v. Kolla’s, Inc., 14 Cal. 5th 719 (2023) The California Supreme Court has held that an employee who makes a whistleblower complaint to his or her employer may bring a retaliation claim under the whistleblower statute (Cal. Lab. Code § 1102.5(b)) even if the subject of the complaint was already known to … Continue Reading

March 2023 California Employment Law Notes

By Tony Oncidi on Posted in Arbitration Agreements, California Labor Code, Constructive Discharge, Disability, Discrimination, Employment Law Notes, FEHA, FLSA, Harassment, Independent Contractors, Labor Code § 226, Meal Periods and Rest Breaks, Military Leave, Overtime, PAGA, Paid Sick Leave, Pregnancy Leave, Reasonable Accommodation, Retaliation, Sexual Harassment, Unfair Competition, Vacation or PTO, Wrongful Termination
We invite you to review our newly-posted March 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: No Claim By Employee Who Was Friends With Alleged Harasser Pregnancy Discrimination Lawsuit Was Properly Dismissed Employer That Failed To Layoff Employee Before She Became … Continue Reading

Labor Commissioner’s Deposition Subpoena Power Ends Once Wage Citation Issued

By Tony Oncidi on Posted in California Labor Code
Garcia-Brower v. Nor-Cal Venture Grp., Inc., 2023 WL 2421824 (Cal. Ct. App. 2023) The Labor Commissioner investigated alleged Labor Code violations at Nor-Cal Venture Group, Inc. and issued a wage citation for $900,000. The employer challenged the citation in an informal hearing and the Commissioner issued a subpoena to depose Nor-Cal’s person most knowledgeable. Nor-Cal … Continue Reading

January 2023 California Employment Law Notes

By Tony Oncidi on Posted in Age discrimination, Anti-SLAPP, Bonus Compensation, Breach of Contract, Defamation, Discrimination, Employment Law Notes, Hiring, Independent Contractors, Jurisdiction, Meal Periods and Rest Breaks, Minimum Wage, Overtime, PAGA, Payroll, Wage Statements, Wrongful Termination
We invite you to review our newly-posted January 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Age/National Origin Case Was Properly Dismissed Despite “Direct Evidence” Of Discriminatory Animus Family Court May Order Employer To Provide Determination Of Arrearages Owed In Spousal … Continue Reading

California Labor Commissioner Releases Pay Transparency FAQs

By Tony Oncidi and Ryan McGill on Posted in California Labor & Employment Law, Equal Pay Act, Hiring, New and Proposed Laws and Legislation
As we previously reported here, California employers with 15 or more employees are required to post salary ranges on job postings as of January 1, 2023 (i.e. next week!). The Labor Commissioner has provided additional guidance as to how these requirements will be interpreted. The law requires employers to post pay scales on all job … Continue Reading

California Labor Commissioner Issues $500,000 Citation Against Los Angeles Restaurant For Labor Code Violations

By Tony Oncidi and Pietro Deserio on Posted in California Labor & Employment Law, Minimum Wage, News
The California Labor Commissioner issued a press release this week announcing a $500,000 citation against Los Angeles restaurant Shrimp Lovers, arising from wage theft allegations made against the restaurant by employees who claimed they were paid far below the minimum wage. Although relatively rare, the Labor Commissioner does occasionally bring charges against California employers for … Continue Reading
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