Click here to subscribe to our Bowles Law e-letter
Click here to subscribe to our Bowles Law e-letter
California Penal Code section 487mcriminalizes intentional Labor Code violations - such as failing to timely pay all required wages (e.g., minimum wage, overtime, premium pay for missed breaks), requiring off-the-clock work, or taking workers' tips -- as felonygrand theftif the underpaid wages exceed $950. For this section, "employee" includes an independent contractor and "employer" includes the hiring entity of an independent contractor. Conviction can result in a jail sentence of up to three
READ MORE
To address the shortage of health care workers, Senate Bill 525 (SB 525) created Labor Code sections1182.14and1182.15. Effective June 1, 2024, the new laws provide substantial minimum wage increases for health care workers in facilities ranging from tiny residential care facilities for the elderly (RCFEs) to hospital systems with more than 10,000 workers. Eventually raising all non-exempt health care workers to $25/hour, the rate of increase varies depending on type and size of health care pro
READ MORE
Activision Blizzard, Inc. and related companies were targeted in 2018 with joint investigations by theCalifornia Civil Rights Departmentand theEqual Employment Opportunity Commission.
READ MORE
California employers can be in for a rude awakening on discovery they are not fully compliant with theLabor Code. Devastating results can occur when not-so-friendly state or federal investigators come knocking.
READ MORE
Aspreviously covered, California has tightened the noose on noncompete clauses that could restrain employees from engaging in lawful professions, trades, or businesses.
READ MORE
While there have beena few employer-favored developments, claims under California's2004 Private Attorneys General Act (PAGA)continue to rise, permitting a single worker to seek Labor Code penalties on behalf of a company's entire payroll. Facing potentially crushing liabilities or without the resources to fight bogus accusations, many employers seek to promptly settle such claims, further encouraging PAGA lawyers to find other targets.
READ MORE
A vestige of the pandemic, California hospitality workers laid off due to COVID have continuingand dramatically expandedcomeback rights underSB 723. See:What's New in 2024: Extended Comeback Rights: Hospitality Workers to Receive Longer Rehire Protection(November 10, 2023). Such rights extend not only to workers formerly employed by hotels, clubs, event centers, and airport-related hospitality providers, but also to janitorial and security guard companies.
READ MORE
TheFair Chance Act, California Government Code12952(also known as Ban-the-Box), prohibits employers of five or more people from asking for criminal background information until after a conditional job offer to an applicant. It also requires individual assessments of a person's criminal record against job description and allowing the person a chance to respond to any employer decisions based on criminal history.
READ MORE
Protected classifications, or classes, in California include race, color, ancestry, national origin, religion, creed, age (40 and over), mental and physical disabilities, sex, gender (including pregnancy, childbirth, breastfeeding or related medical conditions), sexual orientation, gender identity, gender expression, medical condition, genetic information, marital status, and military or veteran status. Harassing or discriminating against an employee because the person falls under one or more o
READ MORE