Gail Cecchettini Whaley
California Supreme Court Answers ‘One Day’s Rest in Seven’ Questions
Under California law, employees are entitled to “one day’s rest in seven.” But what, exactly, does that mean?
On May 8, the California Supreme Court...
Small Employers in Los Angeles Must Provide Paid Sick Leave on July 1
As part of the minimum wage ordinance passed by the City of Los Angeles last year, a mandatory paid sick leave (PSL) law will...
Franchisor/Franchisee Business Model Wins in Decision on Lawsuit Against McDonald’s
In a victory for the franchisor/franchisee business model, a federal court in California recently found that McDonald’s does not control the wages paid to...
Employee Walkout? Work It Out
Quite a few news reports discuss recent employee walkouts across the country in protest of federal policies, such as the recent “Day Without Immigrants”...
“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...
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...
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....
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...
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...
Rx for Paid Sick Leave: Amendments Effective Immediately
On July 13, the Legislature passed “clean up” amendments to the paid sick leave law – the Healthy Workplaces, Healthy Families Act of 2014....
What Happens If You Don’t Have a Written Paid Sick Leave Policy?
Beginning July 1, California employers will be required to begin providing paid sick leave benefits to their eligible employees.
We often hear the question: Do...
California Supreme Court Decides Commission Issue
A recent California Supreme Court ruling interprets how to apply a key test to determine whether a commissioned inside sales employee is exempt from...