Gail Cecchettini Whaley

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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....

Labor Commissioner Answers Questions on Paid Sick Leave

The Labor Commissioner’s Office recently updated its frequently asked questions about California paid sick leave (PSL). The updated FAQ addresses three areas where employers have often...

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”...

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...
Federal Update

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...