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WHAT’S NEW FOR 2019 CALIFORNIA’S MINIMUM WAGE RATES FOR 2019

California minimum wage will increase to $12.00 per hour on January 1, 2019 for employers with 26 or more employees and $11.00 for smaller employers with 25 employees or less. Those rates will continue to increase annually until reaching $15 per hour in 2022 for larger employers and in 2023 for those with 25 or fewer employees. SeeCalifornia’s Gradual Increases in Minimum Wage, to Reach $15.00 Per Hour by January 1, 2022(April, 2016).

WHAT’S NEW FOR 2019 JUGGLING DAILY WORK TIMES

Some employers, particularly in the restaurant industry, schedule their employees to work a “split shift,” i.e., two distinct work periods in the same workday separated by more than aone-hour meal break. For example: a waiter who works the 10:00 a.m. to 1:00 p.m. breakfast/lunch shift and returns for the 4:00 p.m. to 7:00 p.m. dinner shift is on a “split shift” schedule.

WHAT’S NEW FOR 2019 ENCOURAGING GOOD BEHAVIOR

A claim for sexual harassment exists under section51.9 of the Civil Codeagainst someone who is in a “business, service or professional relationship” with the harassment victim. This section enumerates various professions subject to such a claim including attorneys, persons with a master’s degree in social work, realtors, physicians, psychotherapists, dentists, accountants, certain financial industry professionals, building contractors, teachers, and landlords. The section includes a catchall for

WHAT’S NEW IN 2019 #METOO AND THE WORKPLACE

The #MeToo movement has spurred the California Legislature to significantly expand mandatory sexual harassment prevention training to all employers with five or more on payroll, including seasonal and temporary workers. Companies now must train supervisors and subordinate workers alike. Previously, only businesses with 50 or more employees have been obligated to provide such training and, then, only to their supervisors.

WHAT’S NEW FOR 2019 CALIFORNIA’S CLARIFICATION ON EMPLOYEE ACCESS TO THEIR PAYROLL RECORDS

California employers must provide employees with accurate, itemized written wage statements semi-(twice)-monthly or at the time or each payment of wages. Those statements must contain exact, detailed pay-related information, such as the employee’s identity, hours worked, and gross and net wages earned. Labor Code 226(a). See,Ignore at Your Own Peril(February, 2018).

WHAT’S NEW FOR 2019 DON’T BE LEFT HOLDING THE BAG

Section218.7of the Labor Code, effective January 1, 2018, made contractors responsible for wage and benefit payments to employees of subcontractors who fail to make those payments. It permitted a contractor to require proof of wage and benefit payments from subcontractors and to withhold portions of a subcontractor’s payment if the demanded proof was not supplied.

WHAT’S NEW FOR 2019 NURSING MOMS AND THE WORKPLACE

California employers must make reasonable efforts to provide their lactating employees with the use of a room or location – other than atoilet stall– in close proximity to the employee’s work area for the employee to express breast milk in private.

PREGNANCY ACCOMMODATION IN CALIFORNIA

The California Fair Employment and Housing Act (FEHA) requires employers with five or more on payroll to provide pregnancy disability leave, transfer and/or other reasonable accommodation due to pregnancy, childbirth, or a related medical condition. A woman is “disabled by pregnancy” if her health care provider determines: (i) she is unable because of pregnancy to perform any one or more of her job’s essential functions without undue risk to herself, her baby, or others; or (ii) she is suffering

CAUTIONARY TALES EPISODE 22

On October 3, 2018, theLabor Commissioner’s Officeannouncedthat it has cited Sanamluang Café in North Hollywood, Orchid Thai Cuisine in Arcadia, and Orchid Thai in Baldwin Park, a total of $1,065,646 for wage theft violations.