Labor & Employment Law Blog

On December 7, 2016, the Los Angeles City Council approved the Fair Chance Initiative for Hiring Ordinance, colloquially known as the “Ban the Box” law.  The Ordinance will prohibit employers with 10 or more employees (including owners and managers) located in or doing business in the City, and City contractors, from asking applicants about their criminal conviction history until the employer makes a ...

On November 14, 2016, the U.S. CIS published its new I-9 form.  Employers may immediately begin using the new form for new hire and reverifications, and must stop using the old form (version “03/08/13” in the lower left corner) by January 21, 2017. Employers must complete Form I-9 to document verification of the identity and employment authorization of each new employee (both citizen and noncitizen) hired ...

In late August, 2016, the Berkeley City Council approved a new sick leave ordinance that will take effect October 1, 2017.  The City Council also approved scheduled increases to the City minimum wage.  Until now, it was unclear whether the minimum wage and sick leave rules the City Council implemented would be altered by competing measures on the City ballot.  On Tuesday, November 8, 2016, voters in Berkeley voted ...

The California Court of Appeal last week held that California employers are not required to list the value of accrued vacation on wage statements provided to employees.  Soto v. Motel 6 Operating L.P. (2016) __Cal.Rptr.3d__, 2016 WL 6123927 (Fourth District).

On September 14, 2016, the San Mateo City Council will enact San Mateo Ordinance No. 2016-7, amending the minimum wage schedule for all employees who work a minimum of two hours a week within the geographic boundaries of the City of San Mateo, including employees who are under 18. Annual minimum wage increases will begin January 1, 2017.

San Mateo’s minimum wage will increase according to the following ...

On August 3, 2016, the San Diego City Council approved an Implementing Ordinance [link: http://www.sandiego.gov/sites/default/files/tr_sd_minwageordinance_o-20706_20160805.pdf] amending several provisions of San Diego’s sick leave law.  The Implementing Ordinance takes effect September 2, 2016.

Below is a summary of key points of the Implementing Ordinance.

• Employers may cap an ...

The U.S. Department of Labor (“DOL”) recently issued regulations requiring employers to post a revised Federal Minimum Wage poster and a revised Federal Employee Polygraph Act poster effective August 1, 2016.

The Federal Minimum Wage Poster now includes a section describing the rights of nursing mothers under the FLSA. It also discusses independent contractor misclassification and includes the ...

The NLRB recently held that temporary employees and regular employees have a right to petition to join a combined bargaining unit, even if the staffing agency and employer object to the formation of the combined unit. In Miller & Anderson, 364 NLRB No. 9 (July 11, 2016), the National Labor Relations Board (“NLRB”) continued its campaign to undermine third-party staffing relationships.  The decision ...

On July 25, 2016, the judge in Nisei Farmers League v. California Labor and Workforce Development Agency, et al., (Case No. 16 CECG 02107) denied Nisei Farmers League’s motion for preliminary injunction.  Accordingly, the temporary restraining order against the enforcement of the filing deadline to participate in the AB 1513 (codified as Labor Code section 226.2) “safe harbor” expired.  The deadline ...

On July 11, 2016, the San Diego City Council approved the June 7, 2016, election results to reinstate previously approved paid sick leave and minimum wage increases (the “Ordinance”).  Accordingly, effective July 11, 2016, the San Diego minimum wage increased to $10.50 per hour.

The San Diego minimum wage is set to increase again on January 1, 2017 to $11.50 per hour. In January 1, 2019 and each following ...