Seyfarth Synopsis:  Under California law, employers have a part to play in protecting employee voting rights and other political activity.  What follows is a short reminder of employer duties and obligations.

With the June 7, 2016, primary right around the corner, California employers need to be prepared for election season.  For your reference, here is a quick summary of…
Continue Reading Vote YES! for Compliance: An Election Law Refresher for California Employers

Seyfarth Synopsis: Limitation on an actor’s ability to work in certain films struck down as an unlawful restraint of trade. 

California, mecca of the film and media production industries in the U.S., is notorious for outlawing non-compete agreements. It is one of the few states that generally prohibits the unlawful restraint of one’s profession or business, with limited exceptions.
Continue Reading California Court Gives Two Thumbs Down and Voids Non-Compete in Actor’s Agreement

Seyfarth Synopsis: Seats must be provided for each location where the work reasonably permits.

It started like a bad joke. A cashier and a bank teller walk into a bar—actually, a federal court served by the Bar—and sue CVS Pharmacy and JPMorgan Chase Bank, claiming they were entitled to sit while working, under the California wage orders. They lose…
Continue Reading To Seat, or Not to Seat: That is the Question

Seyfarth Synopsis:  Starting Jan 1, 2018, the amount of benefits paid to employees on paid family leave and state disability will increase substantially, depending on an employee’s income level.

The Legislature and Governor have been keeping very busy. On April 11, 2016, Governor Jerry Brown signed into law AB 908, which will, though effective January 1, 2017, increase, for…
Continue Reading California Governor Brown Signs Legislation to Expand Paid Family Leave

Seyfarth Synopsis: New FAQs from DLSE offer some guidance on California’s “new and improved” Equal Pay Act. Most helpful is discussion of factors (skill, effort, responsibility) affecting whether work by different employees is “substantially similar” enough to require equal wages. 

As Seyfarth has reported previously here, as of January 1, 2016, California has one of the most aggressive pay…
Continue Reading New DLSE FAQs: Unequal Guidance On Equal Pay Law

On April 5, 2016, San Francisco became the first American jurisdiction to mandate fully paid parental leave for parents to bond with their child.  California already provided six weeks of partially paid leave through the state disability insurance program (55% of pay, up to $1,129 per week).  But the Paid Parental Leave Ordinance passed by the San Francisco Board…
Continue Reading San Francisco Passes Fully Paid Parental Leave (for Most)

On April 4, 2016, Governor Jerry Brown signed SB 3, increasing the statewide minimum wage to $15.00 per hour. The increase will be phased in over the next six years.

First introduced in the state Senate by Senator Leno on December 1, 2014, SB 3, was subject to contentious debate on both the Assembly and Senate Floors on March…
Continue Reading Governor Signs Bill Building Staircase to Minimum Wage Heaven

With March Madness in full swing, we interrupt your crumbling tournament brackets to ensure you’re aware of a truly maddening development. California law now makes individuals potentially liable for employer violations of many often-convoluted wage and hour rules.

That’s right—individuals, not just companies, may be liable for wage and hour violations.

We mentioned this legislation here last Fall,…
Continue Reading Who me? Yes, YOU: Personal Liability For Wage Hour Violations

When an employee dies, employers ask, “Who gets the employee’s wages, and how do I pay them without getting into trouble?” While employers might be tempted to consult the California Labor Code (see discussion of payment of wages to a terminated employee here), under certain circumstances, paying wages earned by a deceased employee is governed by the California Probate…
Continue Reading Till Death Do You Part—Wages Of The Dearly Departed

The California employment agencies have been busy!

  • In February, the DFEH issued guidelines on dealing with transgender issues in the workplace (see our report here).
  • Now, effective April 1, 2016, the Fair Employment & Housing Council gives us amended regulations on preventing discrimination, harassment and retaliation in the workplace. See our One Minute Memo that posted on March 8,

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Continue Reading HR Heads-up: Amended FEHA Discrimination Regulations Will Require Action