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
Minimum Wage
Minimum Wage Increases Across the Pride Lands
Seyfarth Synopsis: The great California patchwork of minimum wage ordinances might have employers feeling full of matatas, but no worries! Seyfarth is here to explain the circle of life of these laws so that even the slowest hyena could follow.
More Food For The Whole Flock
As of July 1, 2019, many California counties and…
“California Dreamin”—Peculiar Laws To Consider When Crossing State Lines
Seyfarth Summary: Like the singers in “California Dreamin,” many out-of-state employers—on a winter’s day and otherwise—might dream of operating in California. California is an attractive market for out-of-state companies. But employers who hire employees in California or send employees to work there face a unique set of challenges. Below are some key areas of…
This New Year, Raise Your Glasses And the Minimum Wage
Seyfarth Synopsis: Effective January 1, 2019, California’s minimum hourly wage goes up to $12.00 for large employers, and many local minimum wages will go higher still. Don’t forget that the statewide change will affect salary thresholds for white collar exemptions, as well.
Effective January 1, as New Year’s bells toll, California’s minimum hourly wage will…
Paying Employees Who Haven’t Worked: Split Shifts And Reporting Pay
Seyfarth Synopsis: Yes, it’s true: California employees can be entitled to pay for time they haven’t worked. Here, we highlight two common instances: split shifts and reporting time.
Your head—already spinning if you’ve wrapped it around California’s quirky wage and hour laws—may explode when you consider the notion of having to pay for time not…
2017 Labor & Employment Legislative Update: It’s Finally Over! (For Now…)
Seyfarth Synopsis: New statutory obligations for California employers in 2018 will include prohibitions on inquiries into applicants’ salary and conviction histories, expanding CFRA to employees of smaller employers, expansion of mandatory harassment training to include content on gender identity, gender expression, and sexual orientation, and new immigration-related restrictions and obligations.
California Governor Jerry Brown spent…
San Francisco-Peculiarities: The City’s Ultra-Unique Employment Landscape
Seyfarth Synopsis: As if high rent and California’s peculiar laws were not enough to worry about, San Francisco employers must also comply with City-specific ordinances. Trailblazing City requirements often exceed state laws and have sometimes been harbingers of state-level enactments. One might say that San Francisco, with its distinctive laws, is to California what California…
No Summer Break for Employers: New Duties Start July 2017
Seyfarth Synopsis: Just when you thought it was safe to relax for the summer, California is giving employers four new reasons to keep on their toes. Laws going into effect on July 1, 2017, will address (1) domestic violence, (2) the minimum wage, (3) criminal background checks, and (4) transgender rights.
Notice Posting and…
2017 Labor & Employment Legislative Update: House of Origin Deadline
Seyfarth Synopsis: Pay equity and Ban The Box bills lead the list of bills approved to continue their quest (moving to the other house of the California Legislature) to become California law.
Friday, June 2, marked the last day for bills in the California Legislature to pass out of their house of origin—the Senate or…
Picking a Fight: How California Makes Employment Law Peculiar
Seyfarth Synopsis: Our mission here at Cal-Pecs is to illuminate how California employment law differs from the law that employers generally experience throughout America. In this back-to-basics piece, we provide some background and a brief catalog of stark contrasts.
In 1846, American settlers in Mexican Alta California staged the Bear Flag Revolt. They declared an…