Can a California employer be liable for failing to accommodate an employee’s request to modify his work schedule to permit him to care for a disabled family member? The court has recently said yes, an employer can be held liable for this behavior under the Fair Employment and Housing Act. In a recent case, a delivery company hired an employee whose son is in need of a kidney transplant. The son requires daily in-home dialysis treatment that only the employee can…

Last week, California governor Jerry Brown announced a deal to raise state minimum wage by 50 percent - from $10 to $15 per hour - by 2022.  This wage increase raises wages for nearly 43% of California’s workforce. Brown’s decision for the increase was motivated by the belief that voters would pass such a proposal if it was included on the November ballot. Under the deal, minimum wage would rise to $10.50 in 2017, $11 in 2018, and a dollar each…

The Fair Employment and Housing Council amended the Fair Employment and Housing Act, and compliance is required by April 1, 2016. In addition to the already-existing requirement for employers to distribute the FEHA brochure on sexual harassment, employers must now provide written harassment, discrimination and retaliation prevention policies. These policies must: be in writing, list the categories of protected workers, indicate that the law prohibits supervisors, managers, coworkers and third parties who come into contact with an employee from engaging in…

Attention employers: have you reviewed your employment contracts lately? They may include a provision that violates federal labor law. Last week, the National Labor Relations Board instructed the restaurant chain Waffle House Inc. to remove class action waivers from its employee agreements. Beginning in 2013, Waffle House required its employees to sign arbitration agreements with class action waivers as a condition of employment. The National Labor Relationship Board has now decided that Waffle House has engaged in unfair labor practices by…

We can anticipate a flurry of new labor rules and regulations as President Obama closes out his final term. Presidents often change regulations on their way out of office, and President Obama is no exception. Here are a few of the rules proposed for enactment in the next year: Fair Pay and Safe Workplaces Rule: This executive order requires government contractors to report labor law violations. While some say this is a “blacklisting rule” because of the potential cost to business…

In our ever-evolving workplace, it has become more common for employees to have two or more employers. This can happen when companies use staffing agencies, independent contractors, or professional employer organizations. The Department of Labor (“DOL”) recently issued an Administrator’s Interpretation dealing with co-employer liability. The following are the takeaways from the interpretation: The employee’s hours worked for both of the joint employers during the workweek are aggregated and considered to be “one employment.” This means both employers are responsible for overtime…

The beginning of 2016 is the perfect time for employers to review their policies and practices to ensure compliance with new laws. We have summarized the top five things California employers should know for 2016. 1. Minimum Wage: As of January 1, 2016, minimum wage increased to $10 per hour. All employees must be earning at least $10 per hour to comply with the new minimum wage requirements. 2. Handbook Review: The start of the new year is the perfect time to…

Last year employers struck a victory in the California Supreme Court’s ruling in Iskanian v. CLS Transportation. The court ruled in Iskanian that class action waivers in employment agreements are enforceable. In the aftermath, many employers implemented arbitration agreements with class action waivers and were hopeful that the Iskanian ruling would curb abusive class action claims. Unfortunately, the California courts struck a blow to employers in the case of Sakkab v. Luxottica Retail. In that case, the court ruled that, while…

The law prohibits employers from retaliating against an employee who reports a crime to law enforcement. In a recent California case, a dental hygienist believed her wedding ring was stolen while at work. She reported the theft to the police, and a month later, she was fired. It was her typical daily practice to remove her ring while performing dental duties at work. One afternoon she placed her wedding ring, along with her other belongings, on the break room table. After…

Background checks and credit checks can be useful tools for employers to insure they are hiring and retaining quality employees. Different statutes govern employers depending on whether it seeks an investigative consumer report (i.e. containing consumer character, general reputation, personal characteristics, mode of living) or a consumer credit report (i.e. containing consumer creditworthiness, credit sharing, credit capacity). Employers should be aware that a recent court decision imposed more obligations regarding disclosure to consumers when requesting such reports. In that case, the…