Labor & Employment Law Blog

On July 21, 2014, the California Court of Appeal soundly rejected attempts by an employee in a proposed class action to challenge an employer’s practice of deducting partial-day absences from the leave banks of exempt employees, including partial-day absences in increments of less than four hours.  Rhea v. General Atomics (“Rhea”).  In this decision, the court not only confirmed that California law permitted the deduction of partial-day absences from the leave banks of exempt employees, but also clarified that such deductions may occur in any increment of time.

On June 30, 2014, the United States Supreme Court ruled that closely held for-profit corporations may object to the Affordable Care Act (“ACA”) mandate to offer health insurance with access to certain contraceptive methods under the Religious Freedom Restoration Act (“RFRA”).  In a 5-4 decision, the Court found that corporations are protected under the RFRA, as an extension of the protection of the ...

The first phase of California’s two-phase, minimum wage increase is now less than one month from taking effect.  Last fall, California Governor Jerry Brown signed into law AB 10, which amended the California Labor Code to provide for an increase in the minimum wage.  The first phase of the minimum wage increase takes effect July 1, 2014, and will increase the mandated minimum wage from $8.00 to $9.00 per hour.  ...

As we previously reported, most employers in California are subject to the workplace seating requirements contained in the Industrial Welfare Commission Wage Orders, which regulate wages, hours, and working conditions in specified industries and as to specified occupations. Wage Orders 1-13 and 15 all contain the following seating requirements:

The Consolidated Omnibus Budget Reconciliation Act of 1985 – “COBRA” as commonly known – gives certain former employees, their spouses, and dependent children the right to temporary continuation of health coverage at the employer’s group rates. COBRA generally obligates employers with 20 or more employees to offer COBRA coverage when coverage is lost due to certain specific events, and to notify their employees of the availability of such coverage.

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Below is a summary of the employment-related bills that were signed or vetoed by Governor Brown. Changes to the law are effective January 1, 2014, unless otherwise specified.  Among the legislation Governor Brown signed are bills increasing the minimum wage, extending overtime protections to certain domestic workers, and expanding protections against discrimination and harassment under the Fair ...

On September 24, 2013, California Governor Jerry Brown signed into law Senate Bill (SB) 770, which expands California’s Paid Family Leave Program as of July 1, 2014.

How does SB 770 expand California’s Paid Family Leave Program?

The Paid Family Leave Program is a component of the State Disability Insurance Program, which is state-mandated and funded by employee payroll deductions. California’s Paid ...

Under the Affordable Care Act (“ACA”), employers will be required to provide all employees with notices regarding rights concerning the insurance Marketplaces on or by October 1, 2013.

With the close of the 2013 legislative session on September 12, 2013, the California Legislature passed Assembly Bill 10 (“AB 10”), which will increase the state’s minimum wage to $9.00 per hour by July 1, 2014, and $10.00 per hour by January 1, 2016.  AB 10 now awaits signature by Governor Jerry Brown by October 13, 2013.  The Governor has promised he will sign the bill.

The current California minimum wage is ...