With 2016 right around the corner, the employment lawyers at Kingsley & Kingsley take time to highlight recent changes in California employment law:
PAGA Amendment Provides Chance to Cure Certain Paystub Violations
Assembly Bill 1506 amended the Private Attorneys General Act (“PAGA”) to rein in actions asserting noncompliance with itemized wage statement requirements stated in the California Labor Code. Specifically, Section 226(a) requires, among other things, that employers provide their employees with wage statements that contain the inclusive dates of the period for which the employee is paid, as well as the
As the end of 2015 nears, California employers should ensure their piece-rate compensation practices comply with changes to the California Labor Code that go into effect at the start of the new year.
Piece Rate Compensation
Assembly Bill 1513 created the new California Labor Code Section 226.2, which requires employers to pay employees who are compensated on a piece-rate basis for rest and recovery periods and “other nonproductive time” separately from any piece-rate compensation. Employers will be required to compensate employees for rest and recovery periods and “other nonproductive time” according to the following:
You are protected from releasing certain personal information during an interview; there are illegal interview questions. Employers are prohibited from asking certain questions while examining job applicants due to The Civil Rights Act of 1964, Title VII and the California Fair Employment and Housing Act (FEHA). These laws are in place to protect you against sexual discrimination during the application process and job interview.
Under the laws enforced by EEOC, it is illegal to discriminate against someone because of
An employer must reimburse an employee for all necessary expenses or losses incurred in direct consequence of the discharge of his or her duties, including driving expenses and cell phone use. It is required by the California Labor Code Section 2802. The law further provides that the penalty for failing to reimburse an employee includes liability for the expenses plus interest, as well as attorney fees and costs incurred in obtaining reimbursement. Employees can recover up to four years of un-reimbursed expenses.
In most cases, expenses can be
California Second District Appellate Court Says Yes…
Rules both the employee and the employer can be deemed “prevailing party” in a single Wage and Hour and Equal Pay Act lawsuit.
Plaintiff, Mahta Sharif, brought an action against her former employer, Mehusa, Inc., for unpaid overtime (Lab. Code, § 1194), unpaid wages (Lab. Code, § 201), and violation of California’s Equal Pay Act (Lab. Code, § 1197.5). Sharif prevailed on her Equal Pay Act claim with the jury awarding her $26,300 while Mehusa prevailed on Plaintiff’s overtime and wage claims. Sharif later filed a cost memorandum and was awarded her costs. She also filed a motion for attorney fees in the amount of $280,432 under Labor Code section 1197.5(g) as the prevailing party on her Equal Pay Act claim. Her request for attorney fees consisted of a lodestar amount of $140,216 and a multiplier of two. Mehusa filed a motion for attorney fees and costs under Labor Code section 218.5 in the amount of $36,982.24 as the prevailing party on Plaintiff’s wage claims. Mehusa estimated that 75% of defense counsel’s time was spent defending against
New California Law Permits Corrections of Wage Statement Violations
California’s Governor Jerry Brown recently signed into law a bill that allows employers to “cure” certain technical defects in employee wage statements. The new law, AB 1506, took immediate effect with Gov. Brown’s signature on October 2, 2015. As a result, employers have 33 days to remedy those defects before an employee may seek to
OHSA’s Top Ten Safety Violations
Last month, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued its annual list of the ten most cited workplace safety violations for the fiscal year that ended September 30. The list was unchanged from the prior year, and demonstrates OSHA’s emphasis on the construction industry and hazards associated with construction work. The number of citations issued for these ten standards run from
California overtime compensation or pay is not a privilege. It is a right, in certain circumstances, under both federal and California law. The law provides when and how California workers are entitled to California overtime compensation:
- One and a half times the regular rate of pay for any hours worked over 40 hours in a week
- One and a half times the regular rate of pay for any hours over eight hours in one day
- Double the regular rate of pay when working more than 12 hours in one day
Independent contractors are not entitled to California overtime compensation. However, some
Governor Brown Signs California’s “Fair Pay Act” into Law
On October 6, California Governor Jerry Brown signed into law the California Fair Pay Act. Also known as SB 358, the Fair Pay Act passed unanimously with a 39-0 vote by the California Senate on August 31. The new law makes several notable changes to the existing law, codified at Labor Code Section 1197.5. Specifically, the new law:
Ninth Circuit’s Decision Is Not the End of Class Waivers in Arbitration Agreements
On September 28, 2105, in Sakkab, et al v. Luxottica Retail North America, Inc., the Ninth Circuit ruled that an employee cannot waive the right to bring a representative action under the Private Attorneys General Act (“PAGA”) through an arbitration agreement or any other means. Through it’s ruling, the Ninth Circuit found the California Supreme Court’s “Iskanian Rule”—which essentially says that pre-dispute agreements to waive PAGA claims are