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Jonathan A. SiegelBlog Posts

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  • Ninth Circuit Concurs that Workweek, Not Individual Hour, is Relevant Timeframe for Determination of Minimum Wage Compliance

    In an issue of first impression, the Ninth Circuit joined the Second, Fourth, Eighth and D.C. Circuits (and the position adopted by the Department of Labor) that, in determining whether an employer has complied with the minimum wage provisions of the Fair Labor Standards Act (“FLSA”), the proper inquiry is whether the total compensation for...… Continue Reading
    November 21, 2017
  • Governor Signs Bill Prohibiting Employers From Asking Applicants About Prior Salary History

    On October 12, 2017, Governor Brown signed a new law which expands California’s fair pay laws in front of the Women’s Empowerment Group in Sacramento, California. Jackson Lewis previously discussed some of these proposed laws at the Pay Equity Advisor Blog. Specifically, AB 168 added Labor Code 432.2 which generally requires all employers, of any...… Continue Reading The post Governor Signs Bill Prohibiting Employers From Asking Applicants About Prior Salary History appeared first on California Workplace Law Blog.
    October 15, 2017
  • Waiting Without Pay for Nike’s Pre-Exit Bag Inspection? Just Do It – Maybe, or at Least Until the California Supreme Court Weighs In

    Nike retail employees required to undergo post-clockout, pre-exit bag and coat checks are not entitled to compensation under California’s wage and hour laws for the time spent on such inspections, a federal district court has ruled.  Rodriguez v. Nike Retail Services, Inc., 2017 U.S. Dist. LEXIS 147762 (N.D. Cal. Sept. 12, 2017).  Assuming such inspections...… Continue Reading
    September 26, 2017
  • California Issues New Domestic Violence, Sexual Assault, Stalking Notice

    As required under AB 2337, California Division of Labor Standards Enforcement (“DLSE”) has published a new written notice to employees, in English and Spanish, regarding their rights to take protected leave for domestic violence, sexual assault, or stalking. AB 2337, signed by Governor Jerry Brown in September 2016, expanded employer notice requirements. Employers must inform...… Continue Reading The post California Issues New Domestic Violence, Sexual Assault, Stalking Notice appeared first on California Workplace Law Blog.
    July 14, 2017
  • California Supreme Court Clarifies “Day of Rest” Provisions

    California employers can now schedule employees with more confidence when the press of business requires employees to work beyond their normal work schedule. The California Supreme Court has clarified California’s “day of rest” statute. The ruling affords employers flexibility in scheduling employees and clarifies some of the law’s ambiguities while leaving a few unanswered issues....… Continue Reading The post California Supreme Court Clarifies “Day of Rest” Provisions appeared first on California Workplace Law Blog.
    May 10, 2017
  • California Division of Industrial Relations Overview of New California Laws Available

    Jackson Lewis recently completed a series of seminars throughout California on many of the key California workplace law updates. On December 28, 2016, the California Department of Industrial Relations (DIR) released its own 2016 Legislative Digest summarizing new laws that impact employees. The DIR Legislative Digest is the DIR’s summary of key laws and is … Continue Reading The post California Division of Industrial Relations Overview of New California Laws Available appeared first on California Workplace Law Blog.
    December 28, 2016
  • California Cities and Counties Can Now Join the Effort to Enforce State and Local Wage Payment Laws

    California S.B. 1342 is a new law which allows cities and counties to work with the California Division of Labor Standards enforcement (“DLSE”) to enforce wage payment laws. The new measure was intended to give local enforcement programs the tools required to conduct wage claim investigations in order to recover unpaid wages including the ability … Continue Reading The post California Cities and Counties Can Now Join the Effort to Enforce State and Local Wage Payment Laws appeared first on California Workplace Law Blog.
    August 2, 2016
  • Employers Subject to California Prevailing Wage Beware! California Will Resume Enforcement of The Requirement To Electronically Submit Certified Payroll Records

    On July 20, 2016, California Department of Industrial Relations (“DIR”) issued a press release stating DIR enforcement of a contractor and subcontractor’s requirement to submit certified payroll records(“CPRs”) using DIR’s online system will resume on August 1. DIR clarified that the requirement to keep CPRs has not changed. Previously, DIR suspended enforcement of filing CPRs … Continue Reading The post Employers Subject to California Prevailing Wage Beware! California Will Resume Enforcement of The Requirement To Electronically Submit Certified Payroll Records appeared first on California Workplace Law Blog.
    July 20, 2016
  • Waiting Time Penalties Under California Labor Code Not Wages for Federal Tax Purposes

    Waiting time penalties imposed under Section 203 of the California Labor Code are not “wages” for purposes of federal income or employment taxes, according to a Chief Counsel Advice Memorandum issued by the Internal Revenue Service. Although the Memorandum is not precedential, it provides guidance regarding the IRS’s current views on the taxability of such … Continue Reading
    November 30, 2015
  • California Work-Related Injuries and Illnesses Fall to Lowest Level in 13 Years

    The incidence of occupational injuries and illnesses in California remain at their lowest level in 13 years, according to occupational injury and illness data released by the California Department of Industrial Relations. The Survey of Occupational Injuries and Illnesses (SOII) data reflect a total of 460,000 reportable injury and illness cases in 2014, down from … Continue Reading
    November 23, 2015

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