The Dept. of Labor has provided new guidance for those planning to apply for the FFCRA exemption: To elect for this small business exemption, you should document why your business with fewer than 50 employees meets the criteria set forth by the Department. This will be addressed in more detail in forthcoming regulations. You should…
Continue reading…COVID-19 Epidemic – How It Impacts You (Part 2)
Question: If I cease operations, what happens to my employees You have two options: (1) Layoff your employees or (2) Furlough your employees Laying Off Employees Going this route, you are essentially terminating your employees with the possibility of later reinstating them. Make sure to pay your employees for all hours worked and any vacation/paid-time…
Continue reading…Kim V Reins International California, INC – A Devastating Blow to Employers
The Court held that an employee’s individual settlement does not stop the individual from filing a PAGA lawsuit. Due to the decision in Kim, Plaintiffs’ lawyers will be bringing many more frivolous PAGA suits, even after the “aggrieved employee” has been individually compensated. NOTICE: Attorney advertising; Attorney licensed to practice law in California only; Not…
Continue reading…DFEH (Department of Fair Employment and Housing Complaint – 3 Year Statue of Limitations)
AB (Assembly Bill) 9 Expands 1 year SOL (Statute of Limitations) to 3 years. Employees must file a DFEH com- plaint prior to filing a lawsuit in court for discrimination, harassment or re- taliation. Now they have 3 years from the date of the last wrong act to do so and then another year from…
Continue reading…Employee V. Independent Contractor
What is the ”ABC” Test? 3 steps in determining if a worker in CA should be classified as an independent contractor for wage order purposes are: (A) Worker is free from control & direction of hiring entity in connection with the performance of the work;and (B) Worker performs work that is outside the usual course of…
Continue reading…Limitation on Discrimination and Harassment Claims
Employees will now have 3 years, instead of I year, to file claims for discrimination, harass- ment, or retaliation with the Department of Fair Employment and Housing The 1 year statute of limitations for filing a civil action after an employee files a FEHA (Fair Employment and Housing Act) complaint re- mains unchanged The law…
Continue reading…Concerns About AB 51
CA Judge Temporarily Blocks Forced Arbitration Law U.S. District Judge Kimberly Mueller ruled that the CA Chamber of Commerce and other business groups had raised serious concerns about AB 51, a bill signed by Gov. Gavin Newsom due to arbitration agreements that obscured allegations of sexual harassment and assault. Mueller issued a temporary restraining order…
Continue reading…Joint Employer Liability
Statutory Joint Liability: CA Labor Code Section 2810.3 If employers with 25+ employees use five or more workers at a given time from a third party, then both the employer & third party may be responsible for the payment of wages to that worker Factors that the courts consider are whether: (1) Workers are provided…
Continue reading…Resident Managers
How To Protect Yourself from Resident Managers Pitfalls: Not paying according to minimum salary require- ments Job does not consist of at least 51 % of Managerial duties Possible eviction issue when terminated Solution: Have a Written Agreement that combines Employ- ment Law with Tenancy Law, which allows Resident Managers to become legally compliant. NOTICE:…
Continue reading…California Minimum Wage Increase
Effective January 1, 2020, the C.A. minimum wage will increase to $13.00 per hour for employers with 26 or more employees & $12.00 per hour for employers with fewer than 20 employees Various cities in C.A. have higher rates: – Los Angeles, $14.50/hour for employers with 26 or more employees – San Francisco, $15.59/hour –…
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