Gail Cecchettini Whaley
U.S. Department of Labor Seeks Input on Federal Overtime Exemptions
The U.S. Department of Labor (DOL) is seeking comments on the federal overtime rule, which defines who is exempt from minimum wage and overtime...
California Employers: Don’t Forget About New Domestic Violence Notice
If you have 25 or more employees, you now must provide new employees with a written notice about the rights of victims of domestic violence,...
Federal Court: Current Drug Use Not Protected Under Disabilities Act
A recent federal court decision is a good reminder that applicants or employees who currently use illegal drugs or marijuana or abuse alcohol are not protected...
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...
California Wage Orders Updated
The California Department of Industrial Relations (DIR) recently updated most of the Wage Orders to reflect the 2017 and 2018 increases in the state minimum wage....
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...
New Criminal Background Regulations Coming July 1
The California Office of Administrative Law (OAL) approved new regulations this week relating to the use of criminal background information in employment decisions.
These regulations...
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....
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...
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...