Category: California HR

Many call California the nation’s hot bed for employment laws and regulations. There are many HR considerations that only apply to California employers. Check out these resources to develop a strategically focused HR plan while also staying abreast of critical compliance challenges under California and federal law.

wage

Mistakes in Wage Statements Can Cost California Employers Under PAGA

In an unfavorable opinion for California employers, a California Court of Appeal recently ruled that (1) employees seeking damages in an action arising under Section 226(a) of the Private Attorneys General Act of 2004 (PAGA) needn’t sustain any injury to bring the action, (2) the employer’s violations need not be “knowing and intentional” to subject it […]

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arbitration

Arbitration: Exotic Dance Club Makes One Sidestep Too Many

An enforceable arbitration agreement can lead to a streamlined and more expeditious resolution of issues on an individual, rather than a classwide, basis. It’s important for employers to know how to enforce a valid arbitration agreement and how to avoid losing your ability to enforce such an agreement. A recent case is a cautionary tale […]

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vacation

California Companies Can Impose a Waiting Period on Paid Vacation Accrual

A California auto detail business required its employees to work for at least 1 year before earning vacation. An employee left after 6 months and received no vacation pay upon his departure. He sued the company, claiming it unlawfully required him to forfeit his accrued vacation pay.

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arbitration

California Court: Some of Employee’s Claims Must Go to Arbitration

What happens if an employee files a lawsuit that includes both representative claims under the Private Attorneys General Act of 2004 (PAGA) as well as individual claims for unpaid wages? May the employer enforce arbitration of the individual claims for unpaid wages, even though PAGA claims aren’t subject to arbitration? A recent case before the California Court of Appeal answers that question.

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class action lawsuit

Misclassification Alone Is Insufficient for Class Treatment

Are certain classes of your employees routinely working overtime? If so, are they properly classified as exempt or nonexempt? Wage and hour class actions continue to be large thorns in the sides of many employers, and this recent decision serves as a good reminder of how critical it is for you to review your overtime […]

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California

New California Laws and HR Trends for 2017 and Beyond

Each year, California employers are faced with the task of keeping up with a whole new round of labor laws and regulations, most of them courtesy of the state legislature. This year is no exception, with many changes occurring midyear.  Staying up to date and ensuring compliance with these ever-changing state, local, and federal laws […]

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overtime

Overtime: Are Mortgage Loan Underwriters Exempt ‘Administrative’ Employees?

Among the various “exemptions” from the overtime compensation requirements of the Fair Labor Standards Act (FLSA) are “administrative” employees. The question presented in a recent decision by the 9th Circuit—which covers Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington—was whether mortgage loan underwriters who work for lending banks fit the administrative exemption.

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