Uber and Lyft’s California labor law battle is far from over

On August 30, , California Governor Gavin Newsom signed Senate Bill , revising mandatory anti-harassment training deadlines, and resolving confusion about retraining requirements for certain employees who already received training in or In September , California enacted SB , which extended the requirement that employers provide supervisory employees with two hours of anti-harassment training to businesses with five or more employees, including temporary or seasonal workers. The law also expanded the training requirement—which had applied only to supervisory employees—to include one hour of training every two years for all non-supervisory employees for covered employers. The initial deadline for providing new training to those employees not previously covered under prior state law was January 1, Prior to SB , uncertainty remained regarding the timing of the two-year training cycle. The California Department of Fair Employment and Housing DFEH had taken the position that any employee supervisory or otherwise who completed anti-harassment training in would need to receive it again in , to satisfy the now-scuttled January 1, deadline. To allow employers as much notice as possible, the bill includes an urgency clause stating that the legislation will become effective immediately upon passage. The updates in SB do not change the training timeline already in effect for supervisory employees.

Sexual Harassment

Click for PDF. In the current environment, many businesses have faced a precipitous drop in demand for their goods and services. At the same time, economic and public health circumstances continue to change and legal frameworks continue to evolve in response. In this rapidly changing environment, many employers are weighing employee furloughs as a means to conserve resources while remaining positioned for eventual recovery.

Employee furloughs can, however, implicate a variety of considerations and employment law obligations, many of which are changing in response to the current crisis and can vary by jurisdiction and employer specifics.

California employers seeking to reduce labor costs often consider layoffs, including the date of the furlough, insofar as the Division of Labor Standards Many new laws provide paid time off for COVID related reasons.

There is no single law protecting the rights of employees while they are off work. Instead, other areas of the law, such as discrimination, drug testing, and harassment laws, protect an employee’s off-duty conduct. Therefore, each different off-duty conduct issue must be looked at carefully. This page provides answers to many common questions about off-duty conduct, but for issues with off-duty conduct it is always advisable to have a local attorney look at your case. To learn more about your rights with respect to off-duty conduct, read below:.

Can my employer fire me for what I do on my own time, outside of work? My company has announced that it is going to fire anyone who is a smoker, after strictly enforcing an anti-smoking policy at work for several years. Can I be fired for smoking on the evenings and weekends, even if I have never violated their policy at work? I have a blog, that I write on my own time.

Summary of Key New California Laws for 2020 (and Beyond): What Employers Should Know

As fire season starts and some areas of California and several other states are attempting to contain wildfires, employers need to consider their obligations to employees. Federal OSHA does not have a wildfire standard but does require that employers protect employees from anticipated hazards associated with wildfires that employees are likely to come in contact with as part of their general duty obligations.

Federal OSHA has also issued guidance indicating that employers with operations at risk of exposure to wildfires should be prepared for wildfire exposures through the development of preparedness and evacuation plans, establishment of safety zones around buildings, and availability of emergency response equipment. In California, Cal OSHA regulations require that employers take steps to protect their workers from potential exposures to wildfire smoke, which can present a hazard by employees breathing in harmful chemicals, gases, or fine particles that have the potential to harm their respiratory systems.

Steps to protect workers can include moving operations indoors, providing respiratory protection, or ceasing operations until outdoor air quality is improved.

California Workplace Law Blog, a publication by Jackson Lewis PC provides insights & commentary on employment law in California. sick leave that may be available to the employee under California Labor Code Section , including those laid off between February 25, , and the effective date of the ordinance.

On August 30, , Gov. Gavin Newsom signed SB , which effectively delayed employer sexual harassment training requirements established in As we have covered in previous articles , in the wake of the MeToo movement, California lawmakers passed legislation intended to curb sexual harassment in the workplace. SB required employers with 5 or more employees, including temporary or seasonable employees, to provide at least 2 hours of sexual harassment training to all supervisors and at least one hour of sexual harassment training to all nonsupervisory employees by January 1, , and once every two years thereafter.

The law specified that an employer who had provided this training to an employee after January 1, was not required to provide sexual harassment training and education by the January 1, deadline. However, as discussed in prior blog entries , this led to confusion among employers who were already providing anti-harassment training to their nonsupervisory employees. Under the letter of the current law, some of these employees would have to participate in the training twice in a 2-year period, at cost to the employer and providing little additional benefit to the employee.

SB serves to clarify such issues, and provides additional cushion for employers to comply with the requirements of SB Below are the key effects of SB Employers should be aware that under both SB and its amendment under SB , there are specific requirements regarding sexual harassment training that employers provide. Below are some important metrics for all employers to be aware of when creating sexual harassment training policies:.

While SB largely benefits employers, employers should take note that it only provides a temporary reprieve. Although the extension of the deadline comes as a relief, employers should not postpone training employees.

Employee Dating Policy

Back To Top. In California, most employers must pay employees their regular wages, with some exceptions, at least twice during each calendar month on the days designated in advance as regular paydays. The employer must establish a regular payday and is required to post a notice that shows the day, time and location of payment.

Information about Off-Duty Conduct provided by job and employee rights advocacy I recently began dating someone in another department. Some states (New York, California, Colorado, North Dakota) have passed laws which prohibit.

Federal government websites often end in. The site is secure. Use the legend on the left to highlight different minimum wage categories, and click on any state to learn about applicable minimum wage laws. Under a voluntary flexible work hour plan approved by the Alaska Department of Labor, a 10 hour day, 40 hour workweek may be instituted with premium pay after 10 hours a day. The premium overtime pay requirement on either a daily or weekly basis is not applicable to employers of fewer than 4 employees.

From through , the minimum wage will increase annually on a set schedule and will be adjusted annually thereafter based upon a set formula. Any work in excess of eight hours in one workday, in excess of 40 hours in one workweek, or in the first eight hours worked on the seventh day of work in any one workweek shall be at the rate of one and one-half times the regular rate of pay.

Early 2020 Minimum Wage Rates for California Cities

COVID19 pandemic has modified many of the current regulations. Reminder: CRA Members receive 15 minutes of free legal advice per month. To set up a call with one of our legal partners, please call

Under prior law, which took effect late last year, California employers with However, seasonal and temporary employees who are hired to work for hired employees must be trained within six months of their hire date, and.

It is not. Indeed, until the California Legislature or Congress pass more comprehensive COVID relief legislation, employers must still comply with all applicable laws in a given situation. Thus, an employer contemplating a temporary shutdown or layoff needs to ask itself a few important questions:. Will the layoff or shutdown last longer than a pay period?

A prior opinion issued by the California Division of Labor Standards Enforcement states that for final pay purposes, a temporary layoff must be treated like a termination unless the employee is given a return to work date within the same pay period—in those cases, normal payroll schedules can be followed. Put differently, if an employee is temporarily laid off without a specified return date within the same pay period, all wages owed to the employee, including accrued but unused vacation pay, should be paid on the day of the layoff.

If the employee will return to work for the employer within the same pay period, wages may be paid on the next regular pay day. As with any termination or reduction in hours, the employee would have the right to apply for unemployment benefits during the period of the layoff.

Labor and Employment Law Overview: California

Members may download one copy of our sample forms and templates for your personal use within your organization. Neither members nor non-members may reproduce such samples in any other way e. Although this policy does not prevent the development of friendships or romantic relationships between co-workers, it does establish boundaries as to how relationships are conducted during working hours and within the working environment.

Individuals in supervisory or managerial roles and those with authority over others’ terms and conditions of employment are subject to more stringent requirements under this policy due to their status as role models, their access to sensitive information, and their ability to affect the employment of individuals in subordinate positions. This policy does not preclude or interfere with the rights of employees protected by the National Labor Relations Act or any other applicable statute concerning the employment relationship.

The state of California requires industry specific wage orders in California Labor Law Postings than weeks within five years from the date of injury.

Search Search. For more information about this temporary freeze, click here. This guide is not legal advice. Laws and legal rules frequently change and can be interpreted in different ways, so Equal Rights Advocates cannot guarantee that all of the information in this Guide is accurate as it applies to your situation. Workplace sexual harassment takes many different forms. It can come from a coworker, a supervisor, or a customer or client, and ranges from unwanted touching, inappropriate comments or jokes, or someone promising you a promotion in exchange for sexual favors.

Sometimes sexual harassment is about sex and something else, like race or ethnicity. For example, a woman of color may experience harassment in the workplace differently from a white female co-worker She may be the target of abusive or hostile behavior because of the combination of her sex and her race or ethnicity. All of these are normal responses to harassment. Responding this way does not make the harassment less serious, or make you more responsible.

Legally, workplace sexual harassment is considered a form of sex discrimination, so sexual harassment is illegal across the country.

Laws that Prohibit Retaliation and Discrimination

Exceeds training requirements in California and all states. California law requires sexual harassment training for all employees. Since , California law AB has required employers with 50 or more employees to provide sexual harassment training to supervisors. Senate Bill , which was signed into law on September 30, , expanded the requirement to require employers with at least five employees to train all California employees. SB also provides guidance on the content and length of the training that must be provided.

labor law hit high tide in the s, with the National Labor Relations Act and To keep up with the latest peculiarities of California employment law, All awards accrue interest (at the legal rate of 10%) from the date due to.

California offers businesses incredible opportunities—if it were a country, it would have the 5th largest economy in the world. But for HR leaders, operating in the Golden State means dealing with notoriously complicated and ever-evolving labor laws. The good news is, Paycor offers HR leaders the technology and expertise to tackle these compliance challenges, whether at state, local or federal level.

Paycor Payroll makes it easy to produce fully itemized wage statements which include all the relevant information required by California labor law and any industry-specific regulations. Rather than having to collect the data yourself, the process is automated, so you can always get your paychecks out on time and error-free, and store all wage statements for your records. Keeping track of all federal, local and state minimum wage laws is too important to be left to luck.

Paycor Payroll will alert you if an employee is ever set to receive a wage lower than the minimum for the location in which they are working. These mistakes can easily happen if employees are regularly switching between roles in various cities, especially around the Bay Area. This law is designed to target businesses who deliberately schedule more staff than they need—but there are still plenty reasons an employee may not be required to work. With Paycor Time , employers can automate minimum hour requirements, so that if a shift is ever cancelled after an employee has reported for work, or if they are sent home early for some other reason, their guaranteed hours will transfer to their next paycheck.

With enough employees working enough hours, it becomes unmanageable to personally track all the relevant overtime rates. The good news is, Paycor Time can do that for you. Simply apply all the overtime rules you require and the correct overtime pay will be calculated and applied automatically.

Employer Do’s/Don’ts of Workplace Dating

A summary of some of the key new laws follows. Of all the bills that Governor Newsom signed in , AB 5 was by far the most widely reported and will have the most wide-ranging repercussions for companies that rely on independent contractors in California. Department of Industrial Relations , were the standard Courts and various state agencies applied with various combinations to determine whether a worker is an employee or an independent contractor.

Superior Court of Los Angeles. Further, the ABC test presumptively considers all workers to be employees and forces a hiring business to bear the burden of proving each of the following three conditions for the worker to be properly classified as an independent contractor:.

California law requires employers to give written notice of a change in no later than the effective date of change in the employee’s status. For more information on California’s notice of change requirements, visit our Labor.

The following is a list of laws enforced by the Labor Commissioner that specifically prohibit discrimination and retaliation against employees and job applicants. Labor Commissioner’s Office Laws that Prohibit Retaliation and Discrimination The following is a list of laws enforced by the Labor Commissioner that specifically prohibit discrimination and retaliation against employees and job applicants. Labor Code section Also, protects an employee who is a family member of a person who has or is perceived to have engaged in any protected conduct.

Labor Code section a Prohibits an employer from discharging or in any manner retaliating against an employee for taking time off to serve on a jury, provided the employee gives reasonable notice that he or she is required to serve. Labor Code section b Protects an employee who is a victim of a crime, who takes time off to appear in court to comply with a subpoena or other court order as a witness to a judicial proceeding.

California Labor Board Claims


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