Whether your company is a large or small employer, there are five essential documents that should be implemented and distributed to your employees that will serve to both protect (as best as possible) the organization from employment-based claims as well as to keep your employees informed and notified of expectations concerning their employment.  Consultation with experienced employment counsel, who can aid in preparing these various documents is highly recommended.  The following are the top five essential employment documents every employer should have. Offer Letter Once a decision has been made to hire an employee, the critical terms and conditions of... READ MORE

In a significant decision impacting employers’ ability to require new and current employees to agree to arbitrate their disputes, the Ninth Circuit Court of Appeals held by a 2-1 decision in Chamber of Commerce v. Bonta that AB51, enacted in California in 2019, which prohibited mandatory arbitration agreements, violated the Federal Arbitration Act.  Based upon its ruling, which reversed an earlier decision issued by the Ninth Circuit, employers can now require employees to enter arbitration agreements as a condition of employment.  California employers must now wait to see if the state of California will appeal to the full Ninth Circuit or the... READ MORE

There are a number of reasons that California employers may consider audio or video recording in the workplace, including security, safety, and/or to monitor their employees’ and customers’ behavior in their place of business. However, before doing so, employers need to understand the various rights and restrictions related to recording in the workplace. Video Recording As a preliminary matter, despite an employer’s desire to record what goes on at their place of business, the California Constitution guarantees the privacy of its citizens in the workplace, schools, government buildings and other property. Courts and the legislature have determined that this right... READ MORE

Governor Newsom has signed AB 152 which extends an employer’s (with 26 or more employees) obligation to provide Covid-19 Supplemental Paid Sick Leave (“SPSL”) through December 31, 2022.  The prior law covering SPSL expired on September 30, 2022.   Although the new law extends paid leave through the end of this year, it does not create any additional benefits or leave that otherwise existed under the prior SPSL law that expired September 30, 2022.  Thus, if an employee already used their available banks of time under the prior SPSL law, no additional SPSL leave need be provided. For a complete breakdown... READ MORE

California employers are required to reimburse their employees for “all necessary business expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties.” (See California Labor Code section 2802.)  Employers failing to properly reimburse their employees for work-related expenses risk exposure for the unreimbursed expense, attorneys fees, and possibly a Private Attorney General (PAGA) claim or class action if the practice of not reimbursing employees is widespread.  Importantly, employers are obligated to proactively determine whether an employee is incurring expenses and cannot simply rely upon the argument that the employee never requested reimbursement.... READ MORE

This month we remind you of upcoming changes and deadlines coming at the end of this month related to California employment law and discuss a recent California decision impacting meal and rest period violation and premium pay reporting requirements. Increase in City of Los Angeles and Unincorporated County of Los Angeles Minimum Wage Requirements Effective July 1, 2022 Effective July 1, 2022, minimum wage for employees working within the City of Los Angeles will increase from $15.00 per hour to $16.04 per hour. The City of Los Angeles minimum wage rate applies to any employees who perform at least two... READ MORE

A common wage and hour issue targeted by savvy Plaintiff’s employment attorneys is whether employers correctly and accurately provide meal and rest periods to their non exempt employees.  Under California law, an employee is entitled to an hour of pay for any missed or interrupted meal or rest period that an employee is not provided each day (for a maximum limit of two hours of penalty per day) going back over four years.  Additionally, if the meal and rest period violations occur across the board to all or many employees, such violations can serve as a basis for a Private... READ MORE

California has enacted a new paid Covid Sick Leave Law (Labor Code section 248.6) effective February 19, 2022 that applies to employers with 26 or more employees and provides potentially up to 80 hours of paid sick leave for qualified employees.  The leave applies to anyone at covered employers (with 26 or more employees) from January 1, 2022 through September 20, 2022.  So, workers who already missed work due to  Covid would be entitled to paid leave for the time they missed subject to the requirements set forth below.  (Employers who already voluntarily provided paid leave for Covid illness this... READ MORE

The Department of the Treasury (Treasury) and the Internal Revenue Service (IRS) issued a safe harbor allowing employers to exclude certain items from their gross receipts solely for determining eligibility for the Employee Retention Credit (ERC). The ERC is a refundable payroll tax credit available to eligible employers whose operations were fully or partially suspended due to a COVID-19 shutdown. Employers may be eligible for the ERC if its gross receipts for a calendar quarter decline by a certain percentage when compared to a prior calendar quarter. This safe harbor permits employers to exclude certain stimulus proceeds from gross receipts... READ MORE

Paid sick and family leave tax credits under the American Rescue Plan Act of 2021 (ARP) are available to eligible employers for providing leave to employees to accompany a family member, household member or certain other individuals to obtain or recover from the COVID-19 immunization. Eligible employers can tax credits for the cost of providing paid sick and family leave for reasons related to COVID-19 including qualified leave wages and certain other wage-related expenses (such as health plan expenses and certain collectively bargained benefits). The ARP tax credits are available to eligible employers that pay sick and family leave for... READ MORE