Articles

California Announced A Dramatic Change in Independent Contractor Law

The California Supreme Court just issued a landmark decision that makes it extremely difficult for businesses to classify individuals as independent contractors. When making a decision about classification, companies previously analyzed the level of control they would exercise over the individual. Under the new test, a person will be considered an independent contractor only if […]

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An Employer’s Guide to California’s Workplace Sanctuary Law

As soon as revelers counted down from “10” to “Happy New Year”, California officially became a “Sanctuary State.” One might think that such a designation only impacts local law enforcement, but thanks to Assembly Bill 450 (“AB 450”), employers in 2018 must also know how to deal with Federal immigration officials. As if complying with […]

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When The Bureau Comes Knocking…Literally

Recently, our office has received many questions regarding investigations conducted by the Division of Labor Standards Enforcement’s (“DLSE”) Bureau of Field Enforcement, or “BOFE” for short. In some cases, the questions stem from a BOFE subpoena requesting that the employer provide information ranging from payroll records to text messages. In other cases, the questions stem […]

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New Parent Leave Act For Small Employers – January 1, 2018

Effective January 1, 2018, California’s New Parent Leave Act for Small Employers (SB 63) requires California employers with 20-49 employees within a 75-mile radius to provide up to 12 weeks of job-protected unpaid leave to new parents for the purpose of bonding with a new child within one year of the child’s birth, adoption, or […]

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Employers Prohibited From Relying On Salary History in Making Hiring Decisions.

On Thursday, October 12, 2017, the Governor signed Assembly Bill 168 (“AB 168”) into law, which takes effect on January 1, 2018.  AB 168 applies to all employers and specifically prohibits employers from relying on the salary history information of an applicant for employment as a factor in determining whether or not to make a […]

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JULY 1, 2017: Your Minimum Wage Employees May Be Due For An Increase

Whether your minimum wage employees are due for an increase in pay largely depends on where your business is located, how many employees you have, and where your employees actually perform their work. Apart from the federal and California minimum wage laws, a number of cities and counties throughout California have promulgated their own special […]

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Is Your Restroom Designated as “All-Gender?”

Effective March 1, 2017, California businesses as well as any establishment open to the public must designate existing single-user restroom facilities as “All-gender.” The new law, which adds Section 118600 to the California Health and Safety Code, provides that “All single-user toilet facilities in any business establishment, place of public accommodation, or state or local […]

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Texas Judge Blocks Obama Overtime Rule

We have some good news (at least for now) for employers.  A federal judge in Texas has issued a nationwide preliminary injunction against the Obama administration’s “final overtime rule” (the “Rule”).  This is the Rule that raises the salary test for Administrative, Executive, and Professional employees to qualify for exemption from overtime pay under federal […]

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2017 New Bill Alert, November 2016

Article by: Brian E. Ewing, Esq. This year, it appears that the California Legislature focused less on passing bills that restrict an employer’s ability to manage its workforce compared to previous years.  Nonetheless, there are a few bills passed this year that are worth noting.  The following new laws take effect January 1, 2017 unless […]

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Defend Trade Secrets Act of 2016

Congress recently passed the “Defend Trade Secrets Act of 2016.” This law allows employers who are the victim of theft of their trade secrets by employees to file a civil lawsuit in federal court, as well as in state court. The law is similar to, but not identical to, state trade secret protections.

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