Federal and state employment laws often work in tandem to set standards, provide legal protection, and regulate employer and employee matters. Throughout the years, Kingsley & Kingsley (Encino, CA) has provided effective representation for clients with employment issues in Los Angeles and throughout California.
An experienced attorney can help you understand your rights under federal and California laws. Employment and labor laws set the legal parameters for employment contracts, torts, equal employment opportunities, wages and hours, health and safety, and employee benefits, along with union organization and collective bargaining. To fight illegal employer practices, you
U.S. Department of Labor Announces that Most Workers Are “Employees”
On July 15, 2015, the Wage and Hour Division of the United States Department of Labor (“DOL”) issued an administrator’s interpretation, or guidance document on employee and independent contractor classification under the Fair Labor Standards Act (“FLSA”). Stating that the key consideration in classification decisions is whether the worker is economically dependent on a business, the DOL emphasized its view that most workers are employees under the FLSA.
Employers should be aware that the DOL will apply a
Effective August 3, 2015, OSHA’S New Rule Increases Protection for Construction Workers in Confined Spaces
The Occupational Safety and Health Administration (OSHA) recently issued its final rule that provides increased protections to those working in confined spaces on construction projects. The new regulation covers building construction sites, highways, bridges, tunnels, utility lines, and other types of construction sites. The new rule includes a requirement that multiple employers share vital safety information and continuously monitor hazards while more responsibility is placed on the controlling employer to ensure compliance by subcontractors and visitors to a construction site.
The new rule, which goes into effect on
Adds to the Growing Number of Cities Who Have Enacted Such Ordinances
Emeryville, a small city in Alameda County and home to Pixar Animation Studios, joins San Francisco, Oakland and other cities across the nation that have enacted paid sick leave ordinances. On June 2, 2015, the Emeryville City Council adopted its Minimum Wage and Paid Sick Leave Ordinance that went into effect on July 1, 2015.
The Ordinance provides for a higher citywide minimum wage and additional paid sick leave provisions than required by the State of California:
- Minimum wage will increase to $12.25 per hour for Small Businesses (employers with 55 or fewer employees)
- Minimum wage will increase to $14.44 for Large Businesses (employers with 56 or more employees)
Paid Sick Leave
In addition to minimum wage increases, any employee who
Recent headlines about the transformation of Bruce Jenner to Caitlyn Jenner not only raised eyebrows of reality TV fans–it raised a significant number of employment related concerns about gender identification and related discrimination, such as:
- How does dress code enforcement change?
- Which bathroom should be used by a transgender employee?
- How should employees address someone who identifies with the gender opposite to that with which they were born?
- How do employers prevent hostile work environments?
California law protects against discrimination based on employees’ gender identity and gender expression characteristics. As such, employers and employees alike should be aware of the
Minimum Salary Basis Increased to $47,892 (Annual Salary)
Highlighted in our blog post from April of this year (here), President Obama recently issued a memorandum to the U.S. Secretary of Labor directing the Secretary to modernize and streamline the existing overtime regulations for executive, administrative, and professional employees. The regulations, codified at 29 C.F.R. Part 541, provide the rules for the so-called “white collar” exemptions to overtime pay requirements, as well as the rules for classifying outside salespersons and computer employees.
On June 30th, the controversial rule was
Employment discrimination is not only wrong, it is illegal and there are laws in California to protect employees. In fact, both state and federal laws protect employees. As the employee, you cannot control if discrimination happens to you, but you can familiarize yourself with the general types of employment discrimination and take appropriate legal action. Each employment-related law contains different protections, definitions, penalties, and mechanisms for enforcement.
Here are several resources for you that discuss the specifics of employment discrimination:
Religious Discrimination Can Be Established Even in Cases Where the Employer Does Not Ask Whether the Applicant Requires Religious Accommodation
On June 1, 2015, the United States Supreme Court held that a job applicant can establish religious discrimination under Title VII of the Civil Rights Act of 1964 without proof that the employer had “actual knowledge” of the applicant’s need for an accommodation. Writing on behalf of eight of the Court’s nine Justices, Justice Scalia went on to explain that the applicant “need only show that his or her need for an accommodation was a motivating factor in the employer’s decision”…“an employer may not make an applicant’s religious practice, confirmed or otherwise, a
Sexual Harassment – Definitions and Employer Responsibilities
Certain behaviors, such as promised promotions, awards, training or other job benefits upon acceptance of unwelcome actions of a sexual nature, are always wrong. Behaviors such as those are examples of sexual harassment which is against the law.
California and Federal law generally defines sexual harassment as unwanted or unwelcome conduct of a sexual nature. Harassment can come in a variety of forms. It can be verbal, visual/non-verbal or
As we reported in a post September of last year, California became the second state to require paid sick leave with the passage of the Healthy Workplaces, Healthy Families Act of 2014 (Act).
Also known as Assembly Bill 1522, the Act provides that all employees working in California for 30 or more days within a year from the commencement of employment are entitled to paid sick leave, which means that temporary and part-time employees may be eligible. Sick leave must either (i) accrue at the rate of no less than one hour for every 30 hours worked, or (ii) total at least three days or 24 hours and be provided in full at the beginning of the year.