Labor & Employment Law Blog

When can an employer be liable for failing to prevent a sexual assault or rape of an employee?  The California Court of Appeal in the recent case of M.F. v. Pacific Pearl Hotel Management, LLC (D070150, FOURTH APPELLATE DISTRICT, DIVISION ONE, 10/26/17), helped provide some answers to this question.

The plaintiff in the case worked as a housekeeper in a five-building hotel property.  One morning, the hotel’s ...

On October 12, 2017, Governor Jerry Brown signed the New Parent Leave Act ("NPLA") (SB 63) into law, expanding access to job-protected leave for employees of companies with 20 to 49 employees.

Effective January 1, 2018, SB 63 will allow employees who work for an employer that directly employs 20 to 49 employees within 75 miles, to take up to 12 weeks of unpaid job-protected leave during a 12-month period to bond ...

On October 5, 2017, Governor Jerry Brown approved AB 450, which imposes several new legal requirements on California employers during immigration worksite enforcement actions.   The California Legislature enacted AB 450 in response to the apparent signals from the federal government that all unauthorized immigrants are enforcement priorities for Immigration and Customs Enforcement (“ICE”).

Berkeley’s Paid Sick Leave Ordinance took effect October 1, 2017.  The Berkeley minimum wage also increased on October 1, 2017.  And earlier this month, the City issued new guidance on its Family Friendly and Environment Friendly Workplace and Paid Sick Leave Ordinances.  The details of the Ordinances are outlined below.

Minimum Wage

Berkeley’s current minimum wage is $12.53 per hour and is scheduled to ...

On September 15, 2017, the 2017 California legislative session ended, with several employment-related bills being sent to the Governor’s desk.  The Governor has until October 15, 2017 to sign or veto bills passed by the Legislature.  Below is a quick summary of key bills that may be signed and become effective in the upcoming year:

On August 31, 2017, a federal judge in the Eastern District of Texas ruled the Department of Labor (“DOL”) exceeded its authority by more than doubling the minimum salary level needed for an employee to qualify for the “executive, administrative, or professional” exemption from federal overtime and minimum wage laws (commonly referred to as the “white collar exemption”).  U.S. District Court ...

On August 29, 2017, the Office of Management and Budget (OMB) informed the Equal Employment Opportunity Commission (EEOC) that it is suspending implementation of the EEO-1 form that was revised on September 29, 2016, in accordance with the OMB’s authority under the Paperwork Reduction Act (PRA).  This means that employers will not be required to report salary information with the EEO-1 Report due on March 31, 2018.

Last year Governor Jerry Brown signed AB 2337, requiring employers to provide employees with a notice regarding the availability of domestic violence victim leave. The notice must be provided to new hires and other employees upon request.  The notice requirement took effect July 1, 2017, with the California Division of Labor Standards Enforcement (“DLSE” otherwise known as the Labor Commissioner ...

Late last year, the United States Citizenship and Immigration Services (“USCIS”) issued a final rule revising Form I-9 and the list of documents that are acceptable to verify identity and employment authorization.  Beginning September 18, 2017, all employers must use the revised I-9 Form dated “7/17/2017 N” for new hires or rehires.  The new Forms, Instructions, and related documents may be ...

The minimum wage rates in 10 localities in California are set to increase effective July 1, 2017.  The increases are as follows:

• Emeryville: $14.00 per hour (for employers with 55 or fewer employees); $15.20 per hour (for employers with 56 or more employees).
• Milpitas: $11.00 per hour
• San Francisco: $14.00 per hour
• San Jose: $12.00 per hour
• San Leandro: $12.00 per hour
• Los Angeles (City): $12.00 per hour (for ...