Seyfarth Synopsis: A unique element of Cal/OSHA is its requirement that ALL employers have a written Injury and Illness Prevention Program (IIPP). 8 CCR 3203.
Despite the IIPP requirement being “on the books” since 1991, many employers with establishments in California still do not have an IIPP. In fact Cal/OSHA issues more citations under the IIPP standard than
Continue Reading ALL California Employers Must Have Injury and Illness Prevention Programs
Seyfarth Synopsis. As of January 1, 2020, AB 51 makes it unlawful for employers to impose arbitration agreements on employees as a condition of employment, even if employees are permitted to opt out. But will AB 51 withstand a legal challenge saying that AB 51 is preempted by the Federal Arbitration Act? While courts ponder that question, California employers must
Continue Reading AB 51 Challenge: How Should California Employers Ring In The New Year?
Seyfarth Synopsis: Two new California laws are set to significantly affect the entertainment industry: one will deal a giant blow to productions and studios accustomed to hiring independent contractors; the other will give print shoot productions the opportunity to process payments with regular payroll and avoid liability for not issuing payments at wrap.
Some Not-So-Entertaining News
California’s landmark Assembly Bill
Continue Reading Something’s Afoot in Tinsel Town: New Laws for the Entertainment Industry
Seyfarth Synopsis: Beleaguered California employers will soon need to comply with the California Consumer Privacy Act. See below for a link to a more comprehensive resource.
The CCPA, effective January 1, 2020, will require employers to provide employees with privacy policies. The scope and content of those policies are currently subject to some doubt, especially since the Attorney General has
Continue Reading Are You Privy to Privacy? California’s Consumer Privacy Act
Seyfarth Synopsis: Halloween was last week, and you probably thought all the scary ghouls and goblins were going to rest for another year. Do not relax just yet! This week, we discuss another process that can be scary for California employers—wage claims filed with the Labor Commissioner. We discuss the process below with the hope of providing some clarity.
Continue Reading Demystifying Labor Commissioner Wage Claims
Seyfarth Synopsis: When faced with wildfires or natural disasters, California employers must keep calm, carry on, and continue to meet their obligations under California law.
Be Prepared.
All employers, not just those in California, must have an Emergency Action Plan (“EAP”) and Fire Prevention Plan (“FPP’).
California regulations state that an EAP should include (1) procedures for emergency evacuation, (2)
Continue Reading When Disaster Strikes: How Employers Should Respond to Wildfires
Seyfarth Synopsis: California’s ban-the-box law strictly regulates how employers may obtain and consider background check information when hiring and making personnel decisions. What’s more, Los Angeles and San Francisco have their own ban-the-box ordinances. These ordinances and the California Labor Code create a patchwork of rules that put employers at risk when checking whether an applicant has a criminal record.
Continue Reading California Employers Watch Out! Legal Minefields for Background Checks
Seyfarth Synopsis: While paying employees in California is often a challenge, the regular rate of pay presents a minefield of different formulas for employers to navigate. From what amounts to include, to how the calculation should be performed, determining an employee’s overtime pay rate can be a very complicated task. We provide an overview of some regular rate basics
Continue Reading Regular Rate Refresh: Calculating Overtime for California Employees
Seyfarth Synopsis. On Thursday, September 5, 2019, the Legislature passed AB 51. This bill would ban mandatory arbitration agreements with respect to claims under the Labor Code and the Fair Employment and Housing Act while simultaneously disclaiming any intent to invalidate any agreement protected by the Federal Arbitration Act. Is this bill California’s latest clever—but predictably unsuccessful—effort to discriminate against
Continue Reading Zombie Apocalypse? Another (Unconstitutional?) California Assault on Arbitration
Seyfarth Synopsis: California Labor Code § 221 states it is “unlawful for any employer to collect or receive from an employee any part of wages … paid … to said employee.” In other words, employers cannot just take money back to correct an overpayment of wages. But what if you discover you’ve accidentally overpaid an employee?
It’s not a back
Continue Reading No Money Back Guarantee!