Labor & Employment Law Blog

One problem that employers frequently confront when seeking to compel arbitration of employee claims is the employee’s failure to have signed the arbitration agreement.  In the recent case of Harris v. TAP Worldwide, LLC, however, a California appellate court held that this is not an impediment to the enforcement of such an agreement when the employer takes measures to verify that the employee has received ...

On June 30, 2016, the judge in Fresno Superior Court presiding over the Nisei Farmers League v. California Labor and Workforce Development Agency, et al., (Case No. 16 CECG 02107) issued a temporary restraining order against the enforcement of the July 1st filing deadline of the “safe harbor” provisions of Labor Code section 226.2 (the piece rate law).  The Nisei Farmers League filed for preliminary ...

The City of Los Angeles updated its website on the minimum wage and sick leave laws on June 27, 2016.

Recently, several cities and counties across California have enacted their own minimum wage and sick leave ordinances. Many of these local ordinances are scheduled to take effect July 1, 2016. Local businesses must make sure to comply with these new ordinances and pay their workers not only the state minimum wage, but also any applicable city or county minimum wage for all work performed within the geographic ...

In early June 2016, the Mayor and Los Angeles City Council approved an increase to the number of paid sick days to six days (48 hours) for employees working in the City of Los Angeles, doubling the three days required by the State.  Los Angeles will join more than 20 cities and counties throughout the nation who have mandated minimum paid sick days.

Beginning July 1, 2016, employers with 26 or more employees will be ...

On April 26, 2016, the Santa Monica City Council approved amendments to its Sick Leave Ordinance (“Ordinance”) delaying its implementation until January 1, 2017.  This change will give employers extra time to comply with the Ordinance.  However, the Santa Monica minimum wage remains effective July 1, 2016, to increase to $10.50.

Rather than rushing to implement the new law this summer, the amended ...

On April 27, 2016, the federal Department of Labor (“DOL”) released an updated Family Medical Leave Act (“FMLA”) poster.

In general, the FMLA requires employers with 50 or more employees to provide up to 12 weeks of unpaid leave to employees to care for the employee’s serious health condition or a serious health condition of a family member.  The FMLA requires such employers to post a notice regarding ...

On April 11, 2016, Governor Jerry Brown signed AB 908, which will increase workers’ access to State Disability Insurance (“SDI”) and Paid Family Leave (“PFL”) starting in 2018.

PFL provides wage replacement benefits for up to six weeks to care for a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner.  The State administers PFL through the SDI program.  PFL only provides ...

On Monday April 4, 2016, Governor Jerry Brown signed into law Senate Bill 3, raising California’s minimum wage to $15.00 per hour by 2022 (“SB 3”).  California’s current minimum wage of $10.00 tied Massachusetts for the highest minimum wage for any state, and behind only Washington D.C.’s $10.50 minimum wage.

Increases to the minimum wage will begin January 1, 2017, at which time the minimum wage ...

The U.S. Supreme Court’s 4-4 ruling on March 29, 2016 in the Friedrich’s case leaves unions’ agency fees intact for now.  It remains possible that the Court could revisit the same questions at some point in the future.  The Friedrich’s case involves the public sector workplace, where government workplaces, public budgets, and Constitutional limitations can create unique labor relations issues ...