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 [...]
Archive for the ‘New Laws’ Category
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 »
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. [...]
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, minimum wage, no breaks, rest break, restuarants, unpaid overtime on July 28, 2010 | 1 Comment »
11/17/2010 Update: The California Supreme Court granted review of Kirby v. Immoos Fire Protection. We will have to wait for the Supreme Court’s decision to determine if I was correct. 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 [...]
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, Employment Law, Employment Lawyer, independent contractor, labor code, meal break, overtime, wage and hour 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 Discrimination, Disparate Impact, Employment Lawyer, harassment, Lewis v. Chicago, San Jose, San Jose Employment Attorney, Silicon Valley, statute of limitations 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.
