We’re pleased to announce that the 2021 version of our Cal-Peculiarities: How California Employment Law is Different, your indispensable California employment law guide, is now available, coinciding with our annual update webinar series on the same subject! Click here to request your copy today!
This edition, like its predecessors, aims to help private employers understand what’s peculiar about California
Continue Reading Time Again to Flex Those Pecs! 2021 Edition of Cal-Pecs Book Is Here!
We are pleased to announce the release of the 2020 edition of our in-demand book, Cal-Peculiarities: How California Employment Law is Different. The book is available in a convenient, searchable eBook format. Click HERE to order your copy to be delivered via e-mail today!
We also invite you to join us for a free webinar going over some
Continue Reading Cal-Peculiarities 2020 Has Arrived!
By Shireen Wetmore, Kerry M. Friedrichs, Benjamin D. Briggs, and Ilana R. Morady
Seyfarth Synopsis: The Department of Labor Standards and Enforcement, the Employment Development Department, and CalOSHA now have FAQs addressing how the COVID-19. coronavirus affects California businesses.
Perhaps you, like an author of this post, enjoy reading updates on COVID-19 (the shorthand for “coronavirus
Continue Reading Coronavirus Questions? California Administrative Agencies Have Answers!
Your CalPecs team is taking the holiday week off to recharge, and reflect on our good fortune during 2017. As we enter 2018, we are eager to continue bringing you the thoughtful and practical content to which our longtime readers have become accustomed.
Happy holidays and best wishes for the New Year!
Continue Reading Happy New Year!
Voting is open for the American Bar Association’s annual 100 Best Legal Blawgs competition, though this year the contest is a “Web 100” and will include websites and social media along with legal blogs. We hope you will cast your vote today to help Seyfarth’s California Peculiarities Employment Law Blog get on the ABA’s list for 2017.
We’ve long known that California law does not treat Labor Code Section 203 penalties as “wages.” Earlier this year, the IRS published its view on how to treat those penalties (often referred to as “waiting time penalties” or WTPs) for purposes of federal income and employment taxes. A Chief Counsel Advice (“CCA”) memo concludes that WTPs
Continue Reading Wait’s Over: IRS Says Waiting Time Penalties Aren’t Wages
While the Stakes At Issue In Actions Before the DLSE Continue to Grow, So Do The Deterrents And Obstacles to Pursuing Appeals of DLSE Orders in Court
Last week, the DLSE dropped a bomb. On April 3, 2014 the California Division of Labor Standards Enforcement (“DLSE”) issued a News Release on its website with the tag line “California Labor Commissioner orders Southern California Company to return over $336,000 to janitorial workers for unpaid wages.” The order, which also imposed over $33,000 in penalty assessments, addressed claims of wage and meal/rest break violations on behalf of roughly 115 hourly workers over a three year period. Setting aside the merits of the action, a liability finding of that magnitude in court would ordinarily result in the employer running to appeal. But, the chances of an appeal are considerably lower here because the liability finding was issued by the DLSE.
Why don’t more employers appeal adverse DLSE Decisions? Historically, employers facing adverse orders, decisions, or awards of from the DLSE wouldn’t appeal those decisions in court for reasons that have little to do with the merits of their would-be de novo appeal, such as:
Continue Reading Wait — If I Want To Appeal, I Have To Come Up With How Much How Fast?
Since the 2013 portion of this California Legislative session concluded in mid-September, a number of employment-related bills have gone to Governor Brown for consideration. As of today, the Governor has signed 8 of those bills into law, covering:
✓ Minimum wage increase, from $8 to $10/hour, over two years
✓ Criminal background checks for youth sports
In most of
