Well, the California legislature is at it again. Governor Brown signed several laws that change how employers do business in California. Most of the new laws are effective January 1st and require immediate action, so don’t put this off! 1. Update Your Handbook You must now add “gender expression” and “genetic information” to the list [...]
Archive for the ‘New Laws’ Category
3 Things That Can’t Wait Until Next Year
Posted in Announcements, Discrimination, Harassment or Retaliation, Hiring, Independent Contractors, Litigation, New Laws, Policies & Best Practices, tagged California, Discrimination, East Bay, employer employee relationship, Employment Law, Employment Lawyer, harassment, Hiring, independent contractor, labor code, San Jose, Silicon Valley, statute of limitations, wage and hour on December 28, 2011 | Leave a Comment »
Obama Directs DOL to Expand FLSA to Cover In-Home Care Workers
Posted in Hiring, Independent Contractors, New Laws, Policies & Best Practices, Wage & Hour, tagged California, care provider, caregiver, dol, domestic help, East Bay, Employment Law, Employment Lawyer, exempt, exemption, FLSA, in-home care, independent contractor, meal break, minimum wage, nurses, overtime, wage and hour on December 16, 2011 | Leave a Comment »
“President Obama announces a new rule that will ensure in-home care workers are included in the same minimum wage and overtime protections afforded to other workers under the Fair Labor Standards Act.” Last year the California legislature failed to pass legislation that would have added substantial burdens to families hiring home workers, including personal attendants [...]
New Laws for Employers and Employees in 2012
Posted in Hiring, Litigation, New Laws, Policies & Best Practices, Wage & Hour, tagged ab469, California, East Bay, employer employee relationship, Employment Law, Employment Lawyer, exempt, minimum wage, overtime, San Jose, statute of limitations, wage and hour on November 28, 2011 | Leave a Comment »
12/29/11 UPDATE The Labor Commissioner has drafted a template employers should use to comply with AB 469. You can download the template here. The California legislature has been busy, and Governor Brown has penned his signature on several new laws impacting businesses and employees in California. AB 469, the Wage Theft Prevention Act of 2011, [...]
Commission Agreements Must Be In Writing
Posted in Hiring, Independent Contractors, Litigation, New Laws, Policies & Best Practices, Wage & Hour, tagged California, East Bay, employer employee relationship, Employment Law, exempt, independent contractor, labor code, overtime, San Jose, Silicon Valley, South Bay, wage and hour on October 8, 2011 | Leave a Comment »
On October 7, 2011, Governor Brown signed AB 1396 which amends Labor Code Section 2751. Section 2751 currently requires an employer who has no permanent and fixed place of business in the state and who enters into a contract of employment involving commissions as a method of payment with an employee for services to be [...]
Another Radio Show Regarding AB 889
Posted in Announcements, Hiring, Independent Contractors, New Laws on September 15, 2011 | Leave a Comment »
It looks like I will be joining Patt Morrison at Southern California Public Radio (an NPR affiliate in Los Angeles) to talk about the Domestic Workers Bill of Rights. They are at 89.3 on your FM dial in So Cal. You can also listen online at http://www.scpr.org. The show segment will be live today from [...]
New Laws Regarding California Employers and Employees
Posted in Arbitration, Disability Discrimination and Failure to Accommodate, Discrimination, Harassment or Retaliation, Hiring, Litigation, New Laws, Sick Leave, tagged ab 889, California, employer employee relationship, Employment Law, harassment, holiday pay, labor code, Silicon Valley, statute of limitations on September 14, 2011 | 1 Comment »
There are several new laws and amendments currently under consideration by the Governor of California, as well as the legislature. The Recorder reports that three bills, AB 267, AB 325, and AB 559, are currently sitting before the Governor Brown. AB 267 prohibits “choice of law” or “forum selection” clauses in employment contracts if those [...]
Follow Up on Current Version of AB 889 – Domestic Workers Bill of Rights
Posted in Announcements, Hiring, Independent Contractors, Litigation, New Laws, Policies & Best Practices, tagged ab 889, California, East Bay, employer employee relationship, Employment Law, Employment Lawyer, exemption, independent contractor, labor code, overtime, San Jose, Silicon Valley, wage and hour on August 12, 2011 | 2 Comments »
I hope you were able to listen to the discussion this morning on KQED regarding the Domestic Workers Bill of Rights. Unfortunately I was not able to address an area of the law that gives me the greatest concern: This bill would unduly broaden the definition of employer, unnecessarily increase who will be considered an [...]
Robert Nuddleman to Speak on KQED Radio Regarding AB 889
Posted in Announcements, Hiring, Independent Contractors, New Laws, Seminars, Wage & Hour, tagged ab 889, California, caregiver, East Bay, employer employee relationship, Employment Law, Employment Lawyer, exempt, Hiring, Homecare provider, I-9, independent contractor, meal break, minimum wage, San Jose, Silicon Valley, South Bay, statute of limitations, wage and hour on August 11, 2011 | Leave a Comment »
I just received word that I will be a speaker on The Forum at 9:00 a.m. on Friday, August 12, 2011, regarding AB 889 – The Domestic Worker Bill of Rights. The producers read my blog post and thought I might be able to add to the discussion. If you are involved with the homecare [...]
Assembly Passes Domestic Worker Bill of Rights – AB 889
Posted in Hiring, Independent Contractors, New Laws on June 3, 2011 | 7 Comments »
Yesterday the California Assembly passed AB 889, also called the Domestic Bill of Rights. The bill was sponsored by Assemblymember Tom Ammiano (D-San Francisco) and co-sponsored by Assemblymembers Allen (D- Sonoma), Cedillo (D- LA), Ma (D- San Francisco), Fuentes (D-San Fernando), Monning (D- Santa Cruz) and Senator De Léon. The bill now heads to the [...]
Explicit Mutual Wage Agreement Can Set Hourly Rate
Posted in Litigation, New Laws, Policies & Best Practices, Wage & Hour, tagged 515, California, contracts, East Bay, employer employee relationship, employment contract, Employment Law, Employment Lawyer, exempt, exemption, independent contractor, labor code, minimum wage, mutual wage agreement, non-exempt, overtime, salary, Silicon Valley on February 8, 2011 | Leave a Comment »
The general rule in California is that a non-exempt employee’s salary only compensates the employee for the regular hours worked. This means if you pay an employee a set salary each week the employee is still entitled to overtime if s/he works more than 8 hours in a day or 40 hours in a week. [...]
