News, Articles & Updates

BOND FOR LEGAL COMMISSIONER

An employer wishing to appeal a citation issued by the Labor Commissioner for payment of less than minimum wage must first post a bond with the Labor Commissioner covering the amount of unpaid wages owed.

If you have any questions about your obligations as an employer, please contact us at info@mitzelgroup.com or reach out to your Mitzel Group, LLP attorney directly.

 

EMPLOYERS CAN’T INQUIRE ABOUT JUVENILE CONVICTIONS

On September 27, Governor Brown signed A.B. 1843, a new law that prohibits employers from inquiring about or utilizing information relating to convictions, arrests, and the like from the juvenile court as a factor in determining any condition of employment.

If you have any questions about your obligations as an employer, please contact us at info@mitzelgroup.com or reach out to your Mitzel Group, LLP attorney directly.

NEW REMEDY FOR UNLAWFUL VERIFICATION FOR RIGHT TO WORK

An applicant or employee is entitled to file a complaint with the Division of Labor Standards and recover a penalty of $10,000 per violation for the following employer actions:

  • Requesting more or different documents than are required under federal law
  • Refuse to honor documents tendered that on their face appear to be reasonably genuine
  • Refuse to honor documents or work authorization based upon the specific status or term of status that accompanies the authorization to work
  • Attempt to re-investigate or re-verify an incumbent employee’s authorization to work using an unfair immigration-related practice

If you have any questions about your obligations as an employer, please contact us at info@mitzelgroup.com or reach out to your Mitzel Group, LLP attorney directly.

NEW CHOICE OF LAW & FORUM PROVISIONS

Beginning in January 2017, California law will prohibit employers from conditioning employment on an agreement to adjudicate disputes outside of California. It also prohibits employers from requiring employees to agree to a choice of law provision where non-California law would govern the employment dispute, if the provision would deny the employee substantial protection. Any agreement made in violation of these rules will be considered void and employees can recover attorney’s fees.

If you have any questions about your obligations as an employer, please contact us at info@mitzelgroup.com or reach out to your Mitzel Group, LLP attorney directly.

AGRICULTURE WORKERS NO LONGER EXEMPT

On September 12, 2016, the California senate passed a bill (A.B. 1066) that will eliminate the meal and rest break exemptions for agricultural work, as well as phase in overtime compensation requirements. The schedule for employers is as follows:

Schedule for employers with 25+ employees:

Jan 2019: Time and one-half for hours work in excess of 9.5 hrs/day and/or 55 hours/week

Jan 2020: Time and one-half for hours work in excess of 9 hrs/day and/or 50 hours/week

Jan 2021: Time and one-half for hours work in excess of 8.5 hrs/day and/or 45 hours/week

January 2022: Time and one-half for hours work in excess of 8 hrs/day and/or 40 hours/week

Schedule for employers with less than 25 employees:

Jan 2022: Time and one-half for hours work in excess of 9.5 hrs/day and/or 55 hours/week

Jan 2023: Time and one-half for hours work in excess of 9 hrs/day and/or 50 hours/week

Jan 2024: Time and one-half for hours work in excess of 8.5 hrs/day and/or 45 hours/week

Jan 2025: Time and one-half for hours work in excess of 8 hrs/day and/or 40 hours/week

If you have any questions about your obligations as an employer, please contact us at info@mitzelgroup.com or reach out to your Mitzel Group, LLP attorney directly.

EQUAL PAY ACT GETS AN UPDATE

CA has extended its equal pay law to prohibit employers from paying employees of one race/ethnicity less than similarly situated employees of a different race or ethnicity.

CA also amended the Equal Pay Act to provide that prior salary alone is an insufficient justification for gender pay disparity.

If you have any questions about your obligations as an employer, please contact us at info@mitzelgroup.com or reach out to your Mitzel Group, LLP attorney directly.

NEW SEXUAL HARASSMENT STANDARDS

Employers should now have incorporated the new California Fair Employment & Housing Council (FEHC) regulations (effective since April 1, 2016) into their handbooks, anti-harassment policies, and training materials.

FEHC’s New Regulations:

Provision §11023

  • Employer’s written policy must “instruct supervisors to report any complaints of misconduct to a designated company representative, such as a human resources manager”
    • “Employers with 50 or more employees are required to include this as a topic in mandated sexual harassment prevention training”
  • Employers must “fully and effectively investigate” sexual harassment claims
  • Employers must maintain a complaints program that “ensures” that:
    • Complaints receive a timely response
    • Complaints receive a timely closure
    • “Impartial and timely investigations” will be conducted by “qualified personnel”
    • Complaints will be documented and “tracked for reasonable progress”

Provision §11024

  • During the course of sexual harassment training, the trainer “shall maintain all written questions received, and all written responses or guidance provided, for a period of two years after the date of the responses”
    • This similarly applies to webinar training

If you have any questions about your obligations as an employer, please contact us at info@mitzelgroup.com or reach out to your Mitzel Group, LLP attorney directly.