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Jonathan A. SiegelBlog Posts

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  • New California Law Requires Sexual Harassment Prevention Training for Farm Labor Contractors

    An amendment to the California Farm Labor Contractor Act requires that farm labor contractors participate in at least one hour of sexual harassment prevention training each year. In addition, the amendment requires that an applicant for licensure as a farm labor contractor execute a written statement attesting that the contractor’s members of management have been … Continue reading New California Law Requires Sexual Harassment Prevention Training for Farm Labor Contractors
    October 3, 2014
  • California Law Protects Unpaid Interns and Volunteers from Harassment and Discrimination

    California has become the third state in the country, after New York and Oregon, to ban sexual harassment and discrimination in the workplace directed toward unpaid interns. The new law (AB 1443) extends workplace harassment and discrimination protections under the California Fair Employment and Housing Act (“FEHA”) to unpaid interns, volunteers, and individuals in apprenticeship … Continue reading California Law Protects Unpaid Interns and Volunteers from Harassment and Discrimination
    October 2, 2014
  • California Enacts Paid Sick Leave Law

    With the enactment of the Healthy Workplaces, Healthy Families Act of 2014 (AB1522), California has become the second state in the nation, after Connecticut, to mandate employers provide their employees, including part-time and temporary workers, paid sick leave. The Act, signed by Governor Jerry Brown on September 10, 2014, requires that  employers, public or private … Continue reading California Enacts Paid Sick Leave Law
    September 11, 2014
  • Federal Law Does Not Preempt State Unfair Competition Claim, California High Court Rules

    In a case alleging misclassification of an independent contractor in the transportation industry, the California Supreme Court has found that the California unfair competition law (Bus. & Prof. Code, § 17200 et seq.) (“UCL”) was not preempted by the Federal Aviation Administration Authorization Act of 1994 (Pub. L. No. 103-305 (Aug. 23, 1994) 108 Stat. … Continue reading Federal Law Does Not Preempt State Unfair Competition Claim, California High Court Rules
    July 29, 2014
  • California Supreme Court Limits Application of Commission Overtime Exemption for Employer Subject to Wage Order 4 and 7

    The California Supreme Court has narrowed application of the “commission exemption” from overtime, dealing employers a setback in Peabody v. Time Warner Cable, Inc., No. S204804 (Cal. Jul. 14, 2014). Under Wage Orders 4 and 7, sales employees who earn more than 50 percent of their wages in commission and earn at least 1.5 times … Continue reading California Supreme Court Limits Application of Commission Overtime Exemption for Employer Subject to Wage Order 4 and 7
    July 15, 2014
  • CA Division of Workers’ Compensation Posts Updated Time of Hire Pamphlet in Spanish

    The California Division of Workers’ Compensation posted a corrected Spanish language time of hire pamphlet on its website. The previously posted Spanish language version contained some outdated information. We recommend employers download the new pamphlet for their new hire packets. Employers should ensure they provide all the upon hire pamphlets required by California. If you have any … Continue reading CA Division of Workers’ Compensation Posts Updated Time of Hire Pamphlet in Spanish
    July 11, 2014
  • Undocumented Worker Not Barred from Asserting Discrimination Claims

    In Salas v. Sierra Chemical Co., No. S196568 (Cal. June 26, 2014), the California Supreme Court has ruled that federal immigration law did not preempt California law extending employee protections and remedies “regardless of immigration status,” except to the extent it authorized damages for any period after the employer’s discovery of an employee’s ineligibility to … Continue reading Undocumented Worker Not Barred from Asserting Discrimination Claims
    July 8, 2014
  • Recovery Periods, Like Rest Periods, are Compensable Time

    New law SB 1360 has clarified that recovery periods, like rest periods, are paid time. This is a significant clarification of the law since there was an ambiguity in the past whether recovery periods were to be treated as paid time or unpaid time. Until now, the situation was unclear as recovery periods were mandated by California … Continue reading Recovery Periods, Like Rest Periods, are Compensable Time
    June 30, 2014
  • Reminder to Employers: California State Minimum Wage Change is Effective July 1, 2014

    Although many employers are aware of the upcoming change to the California state minimum wage, here is one last reminder. The California state minimum wage will increase to $9.00 an hour starting July 1, 2014 and up to $10.00 per hour by January 1, 2016. In July 2014, the minimum salary test for the Executive, Administrative, … Continue reading Reminder to Employers: California State Minimum Wage Change is Effective July 1, 2014
    June 13, 2014
  • California Governor Signs SB 435 Which Expands the One Hour Pay Penalty in Labor Code 226.7 to Missed “Recovery Periods”

    Labor Code 226.7 provides that an employee should receive one hour of pay as a penalty for not receiving rest or meal periods in accordance with California law. Yesterday, Governor Brown signed into law SB 435 which expands the one hour of pay penalty to missed “recovery periods.”  The new law applies to any meal, rest … Continue reading California Governor Signs SB 435 Which Expands the One Hour Pay Penalty in Labor Code 226.7 to Missed “Recovery Periods”
    October 10, 2013

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