2016 Cal-Peculiarities

Subscribe to 2016 Cal-Peculiarities via RSS

Seyfarth Synopsis: While employers usually deal with employees directly, sometimes an employer must engage with an employee’s representative. These circumstances vary, as do the potential consequences to the employer.

Employers typically expect to deal directly with their employees. But employers should think before using Hodor’s approach of “Hold the door!” to exclude any employee representative. The employer who emulates…
Continue Reading Game of Groans? Third Parties Attending Interactions with Employees

Seyfarth Synopsis: Is the glass half full (of perks) or half empty (with liabilities) for employers who serve alcohol in the workplace? Various California laws implicate the practice of providing alcohol for employees at work, and employers should consider whether the benefits to company culture justify the legal risks.

Many California workplaces try to make the office a “happy…
Continue Reading Barflies or Worker Bees: Alcohol at Work, What’s the Deal?

Seyfarth Synopsis: After hitting some major roadblocks, the San Diego Earned Sick Leave and Minimum Wage Ordinance has now been enacted. The Ordinance is to take effect this summer, most likely by the end of July. The Ordinance adds another perplexing piece to California’s paid sick leave patchwork.

After taking a nearly two-year hiatus, the San Diego Earned Sick…
Continue Reading San Diego Voters Enact Paid Sick Leave, Higher Minimum Wage

Seyfarth Synopsis: Hernandez v. Sprouts Farmers Market, Inc., a case stemming from a phishing scam, emphasizes the need for California employers to implement comprehensive data protection and data breach notification policies and practices for personal employee information under the CDPA.

A story of a company suffering a data breach tops newspaper headlines almost daily. So how can you stay…

Continue Reading Phishing: Data Breach Is “Chalkdust Torture”

Seyfarth Synopsis: The Los Angeles City Council has voted and the Mayor has signed the ordinance.  As of July 1, 2016, many employees within the City of Los Angeles will be entitled to accrue 48 hours of paid sick leave per year. The ordinance has a number of unusual and specific provisions that employers need to be aware of, described …
Continue Reading L.A. Gets Sick—Paid Sick Leave Coming as Soon as July 1, 2016

Seyfarth Synopsis:  Changes to the FLSA regulations increasing the minimum weekly salary for exempt employees will impact California employees who currently are being paid less than $47,476 per year. Wise employers will start planning now to make the adjustments required to ensure compliance with both state and federal exemption laws. 

If you have white-collar exempt employees in California, you know…
Continue Reading Think You Are Exempt? New FLSA Salary Thresholds Affect California Employers, Too.

Seyfarth Synopsis:  The California Fair Employment and Housing Council (“FEHC”) is currently drafting new regulations that define employment practices that constitute discrimination against transgender applicants and employees. On April 7, 2016, the FEHC met in Oakland to discuss and hear public comment on its new, draft proposed regulations, which are in their early stages of development. The next hearing will …
Continue Reading It’s Not Just the Bathrooms: Look Out for Amended FEHC Regulations re Transgender Employees

iStock_000076923915_LargeSeyfarth Synopsis:  The Fair Employment and Housing Council is vetting proposed regulations to prevent employers from discriminating against applicants or employees with criminal histories. Our colleague Kate Svinarich attended a recent public hearing and filed this report. And stay tuned for a later dispatch, featuring proposed regulations on Transgender Identity and Expression, which the FEHC considered at the same meeting.   …
Continue Reading FEHC Proposed Criminal History Regulations Put Employers in Hot Seat

#16-3380 2016 Cal Pecs Cover ImageSeyfarth synopsis:  It’s here: the 2016 edition of the popular and informative Cal-Peculiarities: How California Employment Law is Different. Order it here. Also, we report the results of our recent reader survey. Wage-hour Issues and Employment Termination were top of mind. Read on for more results.

FLEX YOUR PECS!  

We are thrilled to announce that the 2016 edition…
Continue Reading Things Are About to Get Cal-Peculiar! The 2016 Edition of Cal-Peculiarities is Here

Seyfarth Synopsis:  Santa Monica has amended its Minimum Wage Ordinance to postpone implementation of its paid sick leave entitlements, now starting January 1, 2017 instead of July 1, 2016, and create a two phase implementation process for both small and large employers.

Like many a trip to the beach, the journey of the paid sick leave portion of Santa Monica’s…
Continue Reading UPDATE: Santa Monica Amends Minimum Wage Ordinance, Delays Sick Pay Implementation.