CaliforniaHR

Posts Tagged CaliforniaHR

 

San Diego’s hotly contested minimum wage ordinance has been put on ice until at least 2016. The City Council approved the ordinance in July and then later overrode the mayor’s veto. A petition drive by San Diego business leaders has now succeeded in forcing the issue to the ballot.

News Updates
November 7, 2014

 

California employers will soon have to prove, under penalty of perjury, that workplace safety and health hazards have been corrected before receiving any penalty modifications, and even while they are contesting the citations in an appeals process.

Governor Jerry Brown signed A.B. 1634 into law on Sept. 20, 2014.

The new law also requires employers to fix the most serious hazards cited by the California Division of Occupational Safety and Health (Cal/OSHA) more promptly, and allows employers to delay correcting a cited hazard only during a first appeal.

News Updates
October 31, 2014
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Businesses in California now have added motivation to protect residents’ personal information after Gov. Jerry Brown signed A.B. 1710 into law Sept. 30, 2014, amending the state’s data breach notification law.

October 24, 2014
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Advocacy groups urge federal OSHA to expedite stalled infection control rule 

 

Although widespread outbreak of the Ebola virus in the United States is unlikely, California’s worker protection and public health agencies announced on Oct. 15, 2014, interim guidelines for preventing occupational exposure to the deadly disease.

News Updates
October 22, 2014

 

A university properly terminated a professor for failing to undergo a fitness-for-duty examination after he had engaged in instances of threatening behavior, the California Court of Appeal ruled, affirming a judgment in favor of the University of San Francisco on a professor’s alleged disability discrimination claims under the Fair Employment and Housing Act (FEHA). Significantly, the court ruled the university was not required to engage in an “interactive process” before requesting the examination because the professor never sought any accommodation for any disability.

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October 17, 2014
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California Gov. Jerry Brown signed Assembly Bill 1897, which will go into effect on Jan. 1, 2015. This bill creates new Labor Code section 2810.3, which applies to most companies with 25 or more employees that obtain or are provided workers to perform work within their “usual course of business” from companies that provide workers. The new law makes such companies liable for:

October 10, 2014

 

When a former employee of a Domino’s Pizza store in California filed a sexual harassment complaint in 2009, she decided to sue a variety of different parties. This included not only the franchisee and her former supervisor, but also the franchisor.

The dispute ultimately made its way to the California Supreme Court. In August, the court ruled that franchisors are liable in such cases only if they have day-to-day control over relevant employment matters (Patterson v. Domino’s Pizza LLC, Calif., No. S204543 (Aug. 28, 2014)).

News Updates
October 3, 2014

 

Employers subject to California’s mandatory AB 1825 sexual harassment training requirement for supervisors will need to revise their programs to include prevention of “abusive conduct,” following an amendment (AB 2053) to California’s Fair Employment and Housing Act (FEHA).

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September 26, 2014

 

 On Sept. 10, 2014, Gov. Jerry Brown signed the Healthy Workplaces, Healthy Families Act of 2014 (Assembly Bill 1522), making California the second state, after Connecticut, to implement paid sick leave state-wide. This law takes effect July 1, 2015, and implements a number of new Labor Code provisions (sections 245 et seq.).

California employers should begin learning about its very detailed requirements and compare it against similar but different ordinances already enacted in San Francisco and being considered in San Diego.

September 19, 2014

Whether the parties to an arbitration agreement agreed to class arbitration is a question for the arbitrator, not the trial court, the California Court of Appeal ruled, reversing an order dismissing class claims alleging violations of California’s Fair Employment and Housing Act and Unfair Competition Act.

Background

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September 12, 2014
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Employers may require salaried exempt employees to use accrued vacation or paid time off (PTO) for partial day absences in any increment, including increments of less than four hours, without violating the salary basis requirements for exempt status under California wage and hour law, the California Court of Appeal ruled in Rhea v. General Atomics. This puts to rest a lengthy dispute on this issue and is welcome news for many employers in California that previously adopted policies requiring employees to use vacation/PTO time for any partial day absences of any length.

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August 29, 2014
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A recent California Supreme Court decision significantly impacts pay practices for commissioned sales employees. On July 14, 2014, the state Supreme Court ruled in Peabody v. Time Warner Cable Inc. that an employer may not attribute commission wages paid in one pay period to other pay periods in order to meet minimum wage requirements. This decision affects California employees who have been classified as exempt from overtime wages because their earnings exceed one and one-half times the minimum wage and whose commissions account for more than one-half of their compensation.

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August 22, 2014
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Many employers ask job applicants to check a "box" on a job application to disclose criminal history information. As of Aug. 13, 2014, San Francisco will "ban the box" for private and public employers. The city's board of supervisors earlier this year passed the Fair Chance Ordinance (FCO), which prohibits employers from inquiring into an applicant's criminal history in an employment application. Employers are also required to consider specific factors when assessing a candidate's criminal history and before taking action based on an applicant's criminal history.

News Updates
August 15, 2014

Rejecting a call to place a proposed minimum wage hike on the November ballot as a referendum item, on July 14,2014,  the San Diego City Council approved an ordinance raising the city’s minimum wage to $11.50 per hour by 2017.

The wage increase will be phased in over a three-year period. In January 2015, the minimum wage will increase to $9.75; in January 2016 it will increase to $10.50; and in January 2017 it will increase to $11.50. Thereafter, the minimum wage will increase on an annual basis as determined by a Consumer Price Index.

News Updates
August 8, 2014

California was a pioneer when it adopted the country’s first and—to date—only state-level heat illness prevention standard in 2005. Now the state’s Division of Occupational Safety and Health, known as Cal/OSHA, has proposed significant revisions to the regulations, potentially to be effective by 2015, if finalized.

The proposed revisions are in draft form and have been submitted to the Cal/OSHA Standards Board. If the board approves the proposal, formal rulemaking, including a public comment period, would begin.

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August 1, 2014

California’s retailers are not legally required to provide automated external defibrillators (AEDs) in anticipation of medical emergencies inside their stores, the California Supreme Court ruled.

The court ruled in favor of Target Corp. in Verdugo v. Target, a wrongful death lawsuit brought by the family of a woman who died in 2008 after suffering sudden cardiac arrest at a Target store in Pico Rivera.

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July 25, 2014
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A number of bills enacted in 2013 took effect on July 1, 2014. These include bills that:

  • Increased California’s minimum wage to $9.
  • Expanded California’s paid family leave benefit program.
  • Enacted new limits on public employers concerning criminal background checks.
  • Amended the procedures for work-sharing plans used to avoid lay-offs.

First Part of Two-Step Minimum Wage Increase (AB 10)

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July 18, 2014

A clause delegating to an arbitrator the authority to decide questions of an arbitration agreement’s enforceability was not unconscionable under California law, the California Court of Appeal ruled.

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July 11, 2014
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The California Supreme Court on June 23, 2014, departed from a prior decision, which had been nullified by a recent U.S. Supreme Court ruling, by finding an arbitration agreement that waived the right to bring a class-action suit was enforceable under the Federal Arbitration Act (FAA).

News Updates
July 4, 2014
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