Tag: California Labor Code


Ban-The-Box: A Lesson from California

California is only one of 34 states that have ban-the-box laws. While this article deals with California-specific interactions between ban-the-box laws and the Fair Credit Reporting Act (FCRA), it provides a useful lesson for any employer who deals with similar issues.

When Workers Take Part in Violent Protests: What Are an Employer’s Options?

The siege of the U.S. Capitol in Washington, D.C., and the strong possibility of more riots, violence, and protests across the nation bring up a legal and ethical dilemma for employers: Can a company terminate or discipline a worker because he or she participated in a riot or even the protest preceding a riot? Employers […]

Who Can Recoup Attorney’s Fees Under California Wage and Hour Law?

California wage and hour law is a convoluted landscape when it comes to determining when a prevailing employee or employer can recover attorneys’ fees and costs. Under California Labor Code Section 1194, an employee who wins a lawsuit against her employer for nonpayment of overtime compensation is entitled to recover reasonable attorneys’ fees.

New law removes ‘alien’ from California Labor Code

by Elizabeth J. Boca A California law taking effect on January 1 removes the word “alien” from the state’s Labor Code. The new law deletes two sections of the Labor Code as a way of modernizing and removing negative connotations in the law. In 1937, the California Legislature enacted various provisions regarding the employment of […]

Checklist for Unpaid Internship Programs

Internship programs can provide advantages for both employers and interns, but many internships risk running afoul of state and federal laws. Employers can end up on the hook for significant amounts in unpaid wages, employment taxes, and penalties. To avoid these unintended consequences, review the checklist below.

Final pay in California: When is it due?

Final pay in California has very strict requirements. It's not as simple as just paying the departing employee on their next scheduled pay date, and there are penalties for getting it wrong. Employers in California need to understand the final pay requirements and understand their obligations, regardless of whether the employee resigns or is terminated. Have a plan in place to get it right to reduce the chance of penalties or lawsuits.

Nonexempt versus exempt employees in California: Q&A

How should a California employer handle an exempt employee who works a partial day? What about exempt employees who do not meet the salary requirements for their exemption? The details around nonexempt versus exempt employees in California can be complex, and getting them wrong can be costly. In a recent CER webinar, Marc L. Jacuzzi […]

Final pay obligations in California: Payment timing and penalties

Final pay laws are strict in some states, and the penalties add up very quickly for employers who do not pay in time. With the clock ticking to deliver that final paycheck, it’s crucial for employers to understand their obligations so they can stay in compliance. The best way to avoid costly errors is to […]