Gail Cecchettini Whaley
Federal Overtime Rules Still on Hold – Response from DOL due May 1
The Department of Labor (DOL) was granted an extension until May 1, 2017, to form its position and file its briefs regarding the legitimacy...
“100% Healed” Policies Violate Duty to Accommodate
The California Department of Fair Employment and Housing (DFEH) recently obtained a settlement that highlights a mistake that employers often make: requiring employees to be 100-percent...
Retaliation Charges Again Top Agency List of Workplace Discrimination Claims
Retaliation was once again the workplace discrimination claim filed most often, according to breakdowns for fiscal year 2016 recently released by the federal Equal Employment Opportunity...
IRS to Payroll and HR: Beware of W-2 Scams
Recently the Internal Revenue Service (IRS) issued an alert to payroll and human resources professionals to warn them about an email scam.
The IRS issued...
U.S. Supreme Court to Decide If Class Action Waivers in Arbitration Agreements Are Lawful
The U.S. Supreme Court has agreed to resolve a split among the federal courts regarding whether class action waivers in arbitration agreements are lawful...
New California Earned Income Tax Credit Notice
California employers who provide unemployment insurance must notify all employees that they are eligible for the federal Earned Income Tax Credit (EITC). AB 1847, a...
EEOC Provides Guidance on Mental Health Conditions and Work
The federal Equal Employment Opportunity Commission (EEOC) recently announced the publication of a resource document, “Depression, PTSD, & Other Mental Health Conditions in the...
On-Call Rest Periods Are Not Allowed, California Supreme Court Rules
In a disappointing decision for California businesses, the California Supreme Court ruled recently that on-call rest periods are not permissible. This decision will require...
Council Seeks More Input on Two Sets of Proposed Regulations: Use of Criminal Background...
The California Fair Employment and Housing Council (FEHC) is currently considering two different sets of proposed regulations.
The FEHC is proposing regulations related to...
Court Blocks Federal Overtime Rule
Last week, a federal court in Texas issued a nationwide preliminary injunction blocking the U.S. Department of Labor (DOL) from enforcing the new federal...
New Workers’ Comp Law Changes Definitions of Excluded Employees; May Affect Existing Policies
Insurance Commissioner Dave Jones has notified workers’ compensation insurers of upcoming changes to the definition of “employee” and to who is an excluded employee....
California Employers: Don’t Forget ‘Time Off to Vote’ Obligations
The general election is November 8. Employers must display a poster describing voting leave requirements at least 10 days before every statewide election.
If an...
New 2017 Exempt Classification Rates
California’s Department of Industrial Relations (DIR) announced rate changes for the computer software employee exemption and the licensed physician or surgeon exemption. The new rates take...
Governor Signs Bill Prohibiting Use of Juvenile Criminal History Information
Governor Edmund G. Brown Jr. this week signed AB 1843 which prohibits employers from inquiring into an applicant’s juvenile convictions or using such convictions...
NLRB Expands Ability of Temp Workers to Organize
Following on the heels of last year’s expansive Browning-Ferris decision that redefined the joint-employer standard, the National Labor Relations Board (NLRB) has now issued a...
State High Court Rules on Suitable Seating
The California Supreme Court this week issued a long-awaited decision on the issue of when an employer must provide “suitable seats” to an employee.
The...
High Court Deadlocks on Union Fee Case
In a one sentence ruling this week, a deadlocked United States Supreme Court upheld a system allowing public employers to require nonunion public workers...
California Proposes Regulations on Use of Criminal History in Employment Decisions
The California Fair Employment and Housing Council (FEHC) recently issued proposed regulations related to the use of criminal history information in employment decisions.
In part,...
California Supreme Court Will Stream Arguments Online
The California Supreme Court will begin streaming oral arguments online as the judiciary works to improve access and fairness in the court system, the...
What’s the Number One Federal Complaint? Retaliation
Last week, the Equal Employment Opportunity Commission (EEOC) released detailed breakdowns of the 89,385 charges of workplace discrimination that the agency received in fiscal year...