The 9th Circuit Court of Appeals blocked Assembly Bill 51 (AB 51), which would have banned mandatory arbitration agreements in the workplace. Key Points of the Ruling: 1. AB 51 has been blocked in its entirety: The 9th Circuit found that all of AB51’s provisions work together, and declined to sever certain parts and uphold…
Continue reading…OSHA Requirements – Effective 2/3/23
Effective: February 3, 2023, OSHA requires the following from ALL Employers for the next two years. Recordkeeping requirements will remain in effect for three years. Employers must provide face coverings and ensure they are worn by employees. HOWEVER, most counties and hotels in California have a low COVID-19 community level, which means employees wearing a mask is…
Continue reading…California Minimum Wage 2023
Statewide Minimum Wage California’s minimum wage for all employers regardless of size will increase to $15.50 per hour. This is a change from the increase that was previously scheduled because of a provision in the law that is triggered when inflation is above 7%. Exempt Employee Minimum Salaries and Wages The minimum salary threshold for…
Continue reading…California Pay Scale Law – Effective 1/1/23
Effective January 1, 2023, Senate Bill 1162 requires California employers to include pay scale information on job postings and report certain pay data. Employers are still prohibited from asking applicants about their pay history including compensation and benefits. For All Employers: If an applicant requests the pay scale for a position, you must provide it….
Continue reading…California Mandatory Retirement Plan Explained
California implemented a new mandatory law requiring all companies with more than five employees to offer a retirement plan to their workers by June 30, 2022. Companies that don’t will be required to enroll in CalSavers, the state-sponsored individual retirement account (IRA). Participating employees would elect an amount to save as part of their payroll deductions. Business…
Continue reading…U.S. Supreme Court Finds Certain PAGA Claims Subject to Arbitration
The Supreme Court held that individual claims arising under California’s Labor Code Private Attorneys General Act (“PAGA”) can be compelled to arbitrate. Background: PAGA permits an employee to sue their employer for Labor Code violations on behalf of the State of California and share in the recovery. Moriana, an employee of Viking River Cruises, signed…
Continue reading…Requirements for I-9 Employment Form
There are two primary purposes of the I-9 Employment Eligibility Verification Form. 1) To verify the identity of an employee and 2) to verify their eligibility to be employed. During COVID, the Department of Homeland Security allowed employers to use expired List B identity documents for I-9 purposes. However, as of May 1, 2022, employers…
Continue reading…Exempt vs. Non-Exempt Employees
The Fair Labor Standards Act establishes guidelines for documenting work hours and rules for paying exempt and non-exempt employees. The FLSA provides a minimum wage and overtime exemption for employees in the following fields/positions: Executive Administrative Professional Outside Sales Computer-related occupations However, job titles alone do not determine exempt status. The employee’s specific job duties and salary…
Continue reading…California Employee Leave
Under California law, businesses are required to provide employees with the following leaves of absence: Sick Leave: All employees are eligible. Employees earn a minimum of 1 hour of sick pay for every 30 hours worked. Employees get 24 hours of sick leave per year. California Pregnancy Disability Leave: Employees are eligible if Employer has 5…
Continue reading…When interviewing an applicant, can we ask for vaccination status and/or proof of vaccination?
State the Policy to the Applicant: An easy way to address whether an applicant is vaccinated is to make a blanket statement in the hiring process that your company requires employees to be vaccinated as a condition of employment, subject to accommodation. – Sample language: “If you are hired, we will require you to prove…
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