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Cautionary Tale Episode 108: Employees, Not on the Menu

KFC settles sexual harassment and retaliation claims with the EEOC for $200,000 after subjecting an Orlando employee to a hostile work environment and firing her for objecting.

January 23, 2026

Kentucky Fried Chicken Settles Sexual Harassment Claims

The Equal Employment Opportunity Commission has found reasonable cause to believe KFC violated federal law by subjecting an Orlando location employee to a sexually hostile work environment and then firing her in January 2022 in retaliation for objecting. The agency found a second employee also affected.

KFC settled the charges in a pre-litigation conciliation, paying $100,000 to each employee. It must also revise employment policies to specifically prohibit sex discrimination, have annual training on sex discrimination for its staff, and for three years must report any other such complaints.

The EEOC Miami District’s regional attorney stated: “Every employee deserves a workplace free from harassment, discrimination and retaliation. By resolving this matter, the EEOC is ensuring that these workers receive justice, and that KFC implements measures to prevent future misconduct.”

Take-Away:

Employers must establish zero tolerance for sexual harassment and retaliation by policy and by training their staff. They must investigate and take appropriate action when it is reported. This firm offers sexual harassment training.

For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.

See also:

Helena Kobrin
January 23, 2026

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Find Out What's New in 2026: Go for the Win

Annual virtual seminar for employers covering employment law essentials and new workplace laws, with sessions on January 30 and February 27, 2026.

January 20, 2026

Annual Virtual Seminar for Employers

Friday, January 30, 2026
Friday, February 27, 2026

Covering Employment Legal Essentials and New Workplace Laws

Labor Code compliance is not optional. Successfully navigating your business in the coming year requires up-to-date guidance through the rocks and shoals ahead.

Secure your spot today for our virtual seminar.

The all-day session includes:

New and updated laws for 2026 including:

  • SB 303: Bias Mitigation Training;
  • AB 858: Rehiring and Retention of Displaced Workers;
  • SB294: Workplace Know Your Rights Act
  • SB 464: Employer Pay Data Reports; and
  • SB 642: Equal Pay Act.

Along with refreshers on the basics, including:

  • Hiring process, including applications, interviews, and testing;
  • Discipline and termination;
  • The essentials of written employment agreements, including restrictions on mandatory arbitration;
  • Discrimination, harassment and retaliation prevention and handling;
  • Proper compensation, paid leave and other policy issues; and
  • Criteria for classifying independent contractors.

The session is a must for all business owners, executives and personnel management staff for confident hiring and stable business expansion.

We emphasize practical application with attendees encouraged to seek guidance on their particular legal challenges or concerns.

Electronic samples of our 2026 updated model employee handbook, policies and forms are included.

From past attendees:

“This seminar is a great service to our community and the employers of this state! I look forward to attending more of them. I feel better prepared to confront what it will take to put a lawful workplace into existence. Thank you, Tim, and your staff, for this great service and the useful materials you provide.” – CR

“The webinar with Tim and Cindy was extremely informative and provided knowledge that was key to operating my business. I enjoyed the presentation and all of the accompanying materials. I’m sure to recommend the Law Offices of Timothy Bowles to any business with employment law needs. The professionalism of the attorneys and their ability to present the complexity of California employment law to all attendees was exceptional!” – TT

“This has been an INVALUABLE service! Tim Bowles and staff have put together the materials and the counseling (in terms of live response to questions) that gives us the data necessary to be compliant with both the state and federal government. Worth very much more than the cost. My team and I can’t thank you all enough for your superior product!” TS

Friday, January 30, 2026, 9:30 – 4:30pm (break midway)

Friday, February 27, 2026, 9:30 – 4:30pm (break midway)

Pricing: $200 first company attendee; $175 for each additional person attending

DON’T WAIT!

Contact Aimee Rosales to reserve your space.
Email: officemgr@tbowleslaw.com; phone 626.583.6600.

Choose from:officemgr@tbowleslaw.com

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Claim Control

An overview of California's DLSE wage claim "claim and conference" process, covering initiation, settlement conferences, formal hearings, statutory limitations, and guidance on legal representation for employers.

January 15, 2026

Understanding California’s “Claim and Conference” Process

California employers may receive a “claim and conference” notice of a current or former worker’s wage claim with the Division of Labor Standards Enforcement (DLSE), also known as the Labor Commissioner.

How a DLSE Claim Begins:

A DLSE claim starts when a current or former worker files a wage complaint. Common claims include unpaid overtime, missed meal or rest breaks, final pay issues, or vacation wages. The DLSE then notifies the employer.

The Settlement Conference:

The DLSE usually schedules a telephonic settlement conference with a deputy labor commissioner to clarify issues and explore early resolution. Although the conference is not a trial, employers should treat it as an official process, not a casual conversation. If the parties reach an agreement, the DLSE documents the settlement and closes the case.

If the Claim Does Not Settle:

If the claim does not settle, the DLSE may set a formal hearing. Both sides present evidence under oath, and the hearing officer issues a written decision.
Missing a scheduled conference or hearing can put an employer at a serious disadvantage.

Statute of Limitations: DLSE vs. Court:

In DLSE proceedings, wage recovery is generally limited to a three-year lookback period, even if the worker points to a written agreement.

Civil lawsuits allow workers to pursue older claims using court-only legal theories. Those claims can extend the lookback to four years.

Because those court-only claims are not available at the DLSE, the process often stays narrower than a lawsuit.

Do Employers Need a Lawyer?:

DLSE proceedings do not require legal representation. Many employers appear on their own, especially in lower-dollar cases.

Legal representation depends on:

  • The allegations;
  • The amount at stake;
  • The strength of the records; and
  • The risk the dispute moves to court.

Early guidance helps employers present a clear position, avoid unnecessary admissions, and evaluate settlement options.

Take-Aways:

The DLSE claim and conference process allows employers to address wage disputes early and outside of court. Employers who respond promptly, stay organized, and act strategically can better control risk and cost.

For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.

See also:

Cindy Bamforth
January 15, 2026

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Cautionary Tale Episode 107: Tipping Point

A Rowland Heights restaurant faces federal citation of $17,311 for unpaid overtime, illegal tip pool violations, and inaccurate timekeeping records.

January 13, 2026

Restaurant Cited for Depriving Service Staff

The federal Department of Labor (DOL) Wage and Hour Division (WHD) has cited Naya Ding, Inc., owner of Rowland Heights restaurant, Ma’s Kitchen, $17,311 for unpaid overtime and an illegal tip pool.

The restaurant distributed only a portion of tips to the employees and kept the rest. It also did not maintain correct time records and failed to pay some employees overtime for work over 40 hours.

WHD’s Rafael Valles stated: “Burdening employees with business expenses takes hard-earned wages out of workers’ pockets. That’s why the U.S. Department of Labor is committed to ensuring employers pay workers their fully earned wages in compliance with federal law, and its Wage and Hour Division will use every enforcement tool necessary to resolve cases like this.”

California law and federal law prohibit management from sharing in employees’ tips. Tip pooling with other service workers, such as cooks and bussers, is permitted.

TAKE-AWAYS:

Employers must pay all overtime employees earn and may never keep a portion of employees’ tips.

For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.

See also:

Helena Kobrin
January 13, 2025

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What's New in 2026: Sign of the Times (Update)

Effective February 1, 2026, California employers must provide workers with an annual notice summarizing labor protections and constitutional rights through the Workplace Know Your Rights Act.

January 9, 2026

“Workplace Know Your Rights Act” DIR Template Notice Now Available

Effective February 1, 2026, all California employers must provide each worker with an annual, stand-alone notice summarizing key labor protections and constitutional rights. See Sign of the Times (October 24, 2025).

The Labor Commissioner posted a template notice available here. Employers must download, distribute annually, and retain related records for three years.

The DIR template notice summarizes key worker protections:

  • Protection from retaliation for exercising workplace rights (including filing complaints or asking about legal compliance);
  • Immigration-related protections, including notice requirements for I-9 inspections and limits on immigration-related threats or practices;
  • The right to designate an emergency contact and request notification if arrested or detained at work;
  • The right to organize or engage in protected concerted activity without interference or retaliation;
  • Constitutional protections when interacting with law enforcement or immigration agents, including rights related to searches, detention, silence, and recording in public spaces; and
  • Contact information for government agencies if rights are violated.

Take Aways:

This is an annual distribution notice, not a posting. Be sure to download and distribute the template by February 1, 2026 to all current employees and new hires. Use the appropriate translated DIR version for non-English speaking employees.

For further assistance, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin

See also:

Cindy Bamforth
January 9, 2026

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Find Out What's New in 2026: In the Know

Annual virtual seminar for employers covering employment legal essentials and new workplace laws, with sessions on January 30, 2026 and February 27, 2026.

January 6, 2026

Annual Virtual Seminar for Employers

Friday, January 30, 2026

Friday, February 27, 2026

Covering Employment Legal Essentials and New Workplace Laws

Secure your spot today for our virtual seminar. We will cover the new California employment laws and provide a firm foundation for the new year.

The all-day session includes:

New and updated laws for 2026 include:

  • SB 303: Bias Mitigation Training;
  • AB 858: Rehiring and Retention of Displaced Workers;
  • SB294: Workplace Know Your Rights Act
  • SB 464: Employer Pay Data Reports; and
  • SB 642: Equal Pay Act.

Along with refreshers on the basics, including:

  • Hiring process, including applications, interviews, and testing;
  • Discipline and termination;
  • The essentials of written employment agreements, including restrictions on mandatory arbitration;
  • Discrimination, harassment and retaliation prevention and handling;
  • Proper compensation, paid leave and other policy issues; and
  • Criteria for classifying independent contractors.

The session is a must for all business owners, executives and personnel management staff for confident hiring and stable business expansion.

We emphasize practical application with attendees encouraged to seek guidance on their particular legal challenges or concerns.

Electronic samples of our 2026 updated model employee handbook, policies and forms are included.

From past attendees:

“This seminar is a great service to our community and the employers of this state! I look forward to attending more of them. I feel better prepared to confront what it will take to put a lawful workplace into existence. Thank you, Tim, and your staff, for this great service and the useful materials you provide.” – CR

“The webinar with Tim and Cindy was extremely informative and provided knowledge that was key to operating my business. I enjoyed the presentation and all of the accompanying materials. I’m sure to recommend the Law Offices of Timothy Bowles to any business with employment law needs. The professionalism of the attorneys and their ability to present the complexity of California employment law to all attendees was exceptional!” – TT

“This has been an INVALUABLE service! Tim Bowles and staff have put together the materials and the counseling (in terms of live response to questions) that gives us the data necessary to be compliant with both the state and federal government. Worth very much more than the cost. My team and I can’t thank you all enough for your superior product!” TS

Choose from:

Friday, January 30, 2026, 9:30 – 4:30pm (break midway)

Friday, February 27, 2026, 9:30 – 4:30pm (break midway)

Pricing: $200 first company attendee; $175 for each additional person attending

DON’T WAIT!

Contact Aimee Rosales to reserve your space.
Email: officemgr@tbowleslaw.com; phone 626.583.6600.

officemgr@tbowleslaw.com

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Devils or Detail

Precision timekeeping is the best protection against mass wage-and-hour litigation. Employers should move from manual to digital timekeeping systems to limit exposure to PAGA and class action claims.

January 2, 2026

Precision Timekeeping: Best Protection Against Business Damnation

Our new year’s message to management: please focus on the fine details of workforce time and pay documentation. Like a speeding ticket to the lifetime freeway driver, it is only a matter of time before an unmindful employer gets flagged with a mass litigation suit, possibly placing millions at stake for technical Labor Code violations. Workplace Roulette – Reducing the Odds of PAGA Purgatory (December 13, 2024)

Precise timekeeping is the foundation for limiting the chances of such disasters. California requires every employer:

● to keep payroll records showing hours worked daily and wages paid for each employee, including time out and in for meal breaks (e.g., Wage Order 4, section 7), and to preserve those records for at least three years (Labor Code section 1174(d)); and

● to issue itemized wage statements, for hourly workers to contain, among other things, the exact total hours worked and all applicable hourly rates and exact corresponding hours (Labor Code 226).

Where an employer fails to keep required records, an employee’s testimony regarding hours worked is presumed accurate, shifting the burden to the employer to disprove it. Hernandez v. Mendoza 199 Cal.App.3d 721 (1988).

For decades, a company using old school manual cards could reply with its fair and neutral “rounding” practices, setting the work start or end forward or back to the nearest tenth or even quarter hour. The days of that defense may be numbered. In 2021, the California Supreme Court called such practices into question “given that advances in technology have enabled employers to more easily and more precisely capture time worked by employees.” Donohue v. AMN Services, LLC 11 Cal.5th 58 (2021).

While we cannot endorse any particular digital system, there is a wealth of resources for management’s move to join this trend. See, e.g., The 9 Best Payroll and Timekeeping Software in 2026 (December 31, 2025).

Take-Away:

A best practice to build protections against crippling mass wage-and-hour litigation is to move as quickly as possible from a traditional manual method to workable digital timekeeping software and protocols to ensure all hourly employees are on board with the change.

For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin

See also:

Tim Bowles
January 2, 2026

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Don't Miss the Boat

Employers using outdated workplace policy materials face risk as employment laws continue to change. The firm's 2026 Workplace Policy Handbook & Forms package provides a practical hire-to-fire foundation.

January 2, 2026

Workplace Policy Handbook & Forms for 2026

Clearly written policies and procedures support productivity, reduce confusion, and limit preventable employment disputes. Employers who rely on outdated forms or handbooks risk unnecessary exposure as employment laws continue to change.

Our 2026 Workplace Policy Forms & Handbook provide a practical “hire-to-fire” foundation designed to align everyday workplace operations with current legal requirements.

2026 Model Forms Include:

  • Employment application and job description prototype, including key requirements for Americans with Disabilities Act compliance and California’s constitutional privacy protections;
  • Pre-employment protocols, structured to meet current legal standards;
  • Employment agreement, including protection of confidential company data;
  • Alternative dispute resolution agreement, reflecting current arbitration requirements;
  • Meal and rest period acknowledgments, confirming employer provision of required breaks;
  • Termination paperwork, including new separation checklist and updated sample severance release agreement (to be applied as appropriate for full transition and greater protection against later, preventable suits); and
  • Paid sick leave sample policies.

All 2026 forms orders also include sample hiring checklists, providing practical guidance to help ensure consistent, documented compliance throughout the onboarding process.

2026 Model Employee Handbook (80+ Pages) Includes:

  • Employment conditions, including mutual “at will” termination rights;
  • Discrimination and harassment prevention and complaint procedures;
  • Employee compensation and benefits;
  • Performance expectations;
  • Limits of employee privacy, including valid management access to employee-maintained databases and social media guidelines;
  • Paid and unpaid leaves;
  • Workplace health and safety;
  • Job-related injury or illness; and
  • Drug and alcohol policy, including testing and violations procedures and standards.

Client Feedback:

“Tim’s office makes HR matters so much easier! We just have to do what they tell us to do. We order their updated hiring forms and employee handbook each year and it keeps us protected simply with the correct up-to-date wording (since laws are always changing) that we would otherwise not know about. Just the hiring forms alone have saved us thousands of dollars in one lawsuit. We also take part in their yearly HR seminar, which keeps us up-to-date on new laws and key points to follow to keep us protected. I HIGHLY recommend any employer to connect with Tim and his team – especially in these current times!” – LO

CONTACT US TO ORDER NOW

To order or for more information, contact Office Manager Aimee Rosales at 626.583.6600 or email her at officemgr@tbowleslaw.com

January 2, 2026

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Cautionary Tale Episode 106: Paybacks Butt Kicked

The federal Wage and Hour Division cited Maryland construction company J. Solano HVAC LLC $586,000 for a prevailing wage payback scheme and worker misclassification.

December 23, 2025

$586,000 Citation for Prevailing Wage Shenanigans

The federal Wage and Hour Division has cited Maryland construction company J. Solano HVAC LLC $586,000 for a payback scheme by which it paid pipefitter mechanics and sheet metal workers prevailing wage, but had them return everything over $30/hour. The company also misclassified some workers as less skilled to pay them lower prevailing wage rates.

Under federal law, “A prevailing wage is the combination of the basic hourly wage rate and any fringe benefits rate, paid to workers in a specific classification of laborer or mechanic in the area where construction, alteration, or repair is performed, as determined by the Secretary of Labor. “ Workers on federal construction projects are entitled to receive prevailing wage rates.

Baltimore Wage and Hour Division District Director Nicholas Fiorello said:

“By uncovering this scheme, the department ensured that workers were paid fairly, received their full fringe benefits, and that competing contractors were not disadvantaged for appropriately bidding for work based on the required prevailing wage rates. Employers that don’t abide by federal contract requirements may end up being debarred from future government contract work.”

The citation bars Solano from bidding on any federal projects for three years.

California Labor Code 221 also bars paybacks: “It shall be unlawful for any employer to collect or receive from an employee any part of wages theretofore paid by said employer to said employee.”

TAKE-AWAYS:

Employers must follow all laws requiring that certain wages be paid to their employees, whether minimum wage, overtime, prevailing wage, or laws prohibiting paybacks.

For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.

See also:

Helena Kobrin
December 23, 2025

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