California Employment Law Update

Tag Archives: Labor Commissioner

Labor Commissioner Issues New Guidance On Breaks

The California Labor Commissioner recently issued a Frequently Asked Questions (FAQ) memo regarding breaks and lactation accommodation. The FAQ memo contains no new concepts, but emphasizes the following longstanding principles: California employers must authorize and permit a net 10-minute paid rest period for every four hours worked (or major fraction thereof). To the extent practicable, … Continue Reading

Labor Commissioner Enforcement Authority Broadened, Liability For Managing Agents Expanded

This law expands the Labor Commissioner’s authority with regard to the enforcement of judgments. For example, the law authorizes the Labor Commissioner to issue a lien on an employer’s property for amounts owed to an employee, such as unpaid wages, and other compensation, penalties, and interest. The law also provides that an owner, director, officer … Continue Reading

Labor Commissioner’s Enforcement Capabilities Expanded

This law authorizes the Labor Commissioner to investigate and enforce local overtime and minimum wage laws and to issue citations and penalties for violations, except when the local entity has already cited the employer for the same violation. The law also authorizes the Labor Commissioner to issue citations and penalties to employers that violate the … Continue Reading

New California Law Protects Employee Use of Social Media

California Governor Jerry Brown has signed a new law protecting employee use of social media by prohibiting an employer from requiring or requesting an employee or applicant for employment to disclose a username or password for the purpose of accessing the employee’s personal social media.  Additionally, an employer may not require an employee or applicant … Continue Reading

UPDATE: California Labor Commissioner Amends Recently-Issued Guidance Regarding Wage Theft Prevention Act

Last week, we reported that the California Labor Commissioner issued a template “Notice to Employee” as required by the Wage Theft Prevention Act of 2011 (the “Act”), which went into effect January 1. The Act requires employers to furnish specified wage information to certain non-exempt employees at the time of their hire. As we also … Continue Reading

California Labor Commissioner Issues Long-Awaited Guidance On Wage Theft Prevention Act

Please visit the update to this entry, available here. On the eve of the implementation of California’s Wage Theft Prevention Act of 2011, the California Labor Commissioner has made available to employers a template Notice (Word / pdf) that complies with the requirements of new Labor Code § 2810.5. Beginning January 1, 2012, Section 2810.5 requires employers … Continue Reading

Talent Agencies Act Applies To Personal Managers As Well As Agents

Marathon Entm’t, Inc. v. Blasi, 42 Cal. 4th 974 (2008) Marathon Entertainment and Rosa Blasi entered into an oral contract by which Marathon would serve as Blasi’s personal manager in exchange for 15% of Blasi’s earnings from entertainment employment obtained during the course of the contract. Marathon sued Blasi after she reneged on her agreement … Continue Reading

Housekeeper’s Award Of $70,000 For Unpaid Wages Is Affirmed

Gonzalez v. Beck, 158 Cal. App. 4th 598 (2007) Josepha Gonzalez worked as a caregiver and housekeeper for the Beck Family. Upon the termination of her employment, she filed a claim for unpaid wages with the California Labor Commissioner. When the Becks failed to answer or appear at the administrative hearing, Gonzalez obtained an award … Continue Reading

Court May Assess Attorneys’ Fees Against Employer And In Favor Of Labor Commissioner

Lolley v. Campbell, 28 Cal. 4th 367 (2002) Chris Lolley filed a claim with the California Labor Commissioner to recover unpaid overtime wages and penalties. The Labor Commissioner awarded the employee $27,216, and the employer appealed to the superior court. At Lolley’s request, the Labor Commissioner determined that Lolley could not afford counsel and agreed … Continue Reading
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