In 2000, the California legislature added some teeth to California’s meal and rest break laws. Prior to 2000 employers were required to give employees meal and rest breaks, but there was no penalty if the employer refused to allow employees to take their legally mandated breaks. In 2000 the legislature enacted California Labor Code Section [...]
Archive for the ‘New Laws’ Category
Prevailing Employer in Meal/Rest Break Suit Entitled to Attorneys’ Fees
Posted in Litigation, New Laws, Policies & Best Practices, Wage & Hour, tagged California, meal break, rest break, minimum wage, restuarants, unpaid overtime, no breaks on July 28, 2010 | Leave a Comment »
Sexual Harassment and Video Games – Ne’er the Twain Shall Meet
Posted in New Laws on July 6, 2010 | Leave a Comment »
A recent article in the Sydney Morning Herald reports a new video game, “Hey Baby,” created as “interactive artwork and social commentary designed to develop male empathy.” Players take on the role of a woman walking down the street. The woman is repeatedly confronted with cat-calls and other sexual advances and comments. The player then [...]
More Overtime Pay and Breaks for Farmworkers
Posted in Hiring, Litigation, New Laws, Wage & Hour, tagged comp time, overtime, independent contractor, Employment Law, Employment Lawyer, meal break, wage and hour, labor code on June 24, 2010 | Leave a Comment »
California’s Labor and Employment committee passed SB1121 in a 4 to 1 vote yesterday. This bill, introduced by Senator Dean Florez, would amend Labor Code Section 554 relating to overtime payments as it applies to farmworkers
New and Expanded 1099 Filing Requirement
Posted in Independent Contractors, New Laws, tagged 1099, health care, independent contractor, obamacare, tax exempt, tax forms on June 22, 2010 | Leave a Comment »
Two key changes to how 1099s are used. First, it expands their scope by using them to track payments not only for services but also for tangible goods. Plus, it requires that 1099s be issued not just to individuals, but also to corporations.
Supreme Court Taking an About Face on Statute of Limitations?
Posted in Discrimination, Harassment or Retaliation, Hiring, Litigation, New Laws, Policies & Best Practices, tagged Silicon Valley, San Jose, Discrimination, harassment, statute of limitations, Employment Lawyer, San Jose Employment Attorney, Disparate Impact, Lewis v. Chicago on May 26, 2010 | Leave a Comment »
In a case that did not deal with “discrimination in compensation” the Supreme Court carved out an exception to the strict filing deadlines by deciding when the statute of limitations begins to run on a disparate impact claim.
Exceptional Performance May Mean Higher Attorneys’ Fees Award
Posted in Discrimination, Harassment or Retaliation, Litigation, New Laws, tagged attorney award, attorneys fees, Contingency fee, expense of litigation, litigation on April 26, 2010 | Leave a Comment »
Lawyer’s performance may be used to enhance or multiply fees, not just to set the amount of the attorney’s fees.
2009 IRS Mileage Reimbursement Rate: 55 Cents
Posted in New Laws, Policies & Best Practices, Wage & Hour, tagged indemnification, indemnify, labor code, expense, mileage, IRS rate, 2802 on December 4, 2008 | Leave a Comment »
Effective Jan. 1, 2009, the standard mileage reimbursement rates for car be reduced from the current 58.5 cents to 55 cents per mile for business miles driven.
California Computer Exemption Modified – Again
Posted in Hiring, New Laws, tagged Computer, exempt, exemption, hourly rate, New Laws, overtime, salary on October 3, 2008 | Leave a Comment »
On September 30, 2008, Governor Schwarzenegger signed AB 10 which modifies Labor Code Section 515.5 – the statute that exempts computer software field employees from the overtime requirements of California law. Last year the “Governator” signed SB 929 which reduced the hourly rate computer workers must earn in order to be exempt from the overtime [...]
Paid Sick Leave Bill Passes Assembly
Posted in Disability Discrimination and Failure to Accommodate, Medical Leaves of Absence, New Laws, Wage & Hour on May 31, 2008 | Leave a Comment »
On May 28th, the California Assembly approved AB 2716 which will require all California employers to provide paid sick leave to every worker. The bill passed on a partisan basis by a vote of 43-25. No Republicans supported the bill. This bill will now be sent to the Senate. Businesses of 10 employees or more [...]
DOL Issues New FLSA Opinion Letters
Posted in New Laws, Policies & Best Practices, Wage & Hour on February 28, 2008 | Leave a Comment »
A couple of times each year the Department of Labor issues opinion letters interpreting statutes and regulations under their jurisdiction. On February 14, 2008, the DOL provided two new opinions regarding interpretations under the Fair Labor Standards Act. Employers in California are required to comply with the FLSA and California law and courts often use [...]
