Labor & Employment Law Blog

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 ...

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 ...