California employers with less than 50 employees have been free from the obligation to comply with California and federal laws guaranteeing employee rights to family and medical leaves of absence. On January 1, 2018, that will change.Continue reading
On October 12, 2017, Governor Jerry Brown signed AB 168 into law. This new law, which applies to all employers regardless of size, prohibits inquiries into an applicant’s salary history. In addition, employers will now also be required to disclose the relevant pay scale for an open position upon reasonable request. There are a few exceptions to the new law. Employers may consider salary history information that is “disclosable to the public pursuant to federal and state law,” as well as salary history information that is disclosed by an applicant “voluntarily and without prompting.”
The new law goes into effect on January 1, 2018. In the interim, employers should review their hiring practices for compliance and should consider revisions to all aspects of their recruitment process, including but not limited to job postings, applications, and interview questions.
Under California’s Fair Employment and Housing Act (FEHA), employers may not discriminate on the basis of the gender identity or gender expression of an employee or applicant. On July 1, 2017, newly amended California FEHA regulations on transgender identity and expression (which can be found here) took effect, specifically interpreting and expanding upon protections for transgender employees in a number of ways, including the following:Continue reading
On September 14, 2016, Governor Jerry Brown signed Assembly Bill 2337 into law, thereby expanding the requirement of employers to inform employees of their legal rights and protections regarding domestic violence leave (Labor Code sections 230 and 230.1).Continue reading
On Monday, April 4, 2016, California Governor Jerry Brown signed into law a bill that will gradually raise the statewide minimum wage to $15 per hour.Continue reading
In a highly anticipated ruling, the California Supreme Court recently answered three questions certified to it by the Ninth Circuit Court of Appeals in the case of Kilby v. CVS Pharmacy Inc. The questions related to Section 14 of California Industrial Welfare Commission (“IWC”) Wage Orders 4-2001 and 7-2001, which provide that “employees shall be provided with suitable seats when the nature of the work reasonably permits the use of seats.”
Employees in California who are eligible to take family leave, including leave for “baby bonding,” can receive up to 55% of their weekly wages (up to a maximum weekly benefit amount that is currently $1,129) for a period of 6 weeks through California’s “Paid Family Leave” program (funded through employee contributions to State Disability Insurance). Continue reading
Technology has radically changed the way we work. It has freed us from notions of a static physical worksite and turned many Starbucks into a business center. It has upended traditional ideas of work schedules and work days in ways that are both good and bad. It has also created what has been termed “the online gig economy” which allows people to opt in and out of jobs in ways that simply would not have been possible in the past.
I had a chuckle the other day when I saw someone wearing a teeshirt with the following message:Continue reading
I had the privilege recently of attending a conference organized by the California Minority Counsel Program. The purpose of the conference was to promote the development of minority attorneys in the legal community. Several hundred attorneys throughout the state attended. Continue reading