Posts from 2014.

The San Francisco Fair Chance Ordinance (the “Ordinance”) took effect August 13, 2014.  The Ordinance limits use of criminal conviction information in hiring and employment in a trend informally referred to as “Ban the Box” legislation.

The Ordinance (San Francisco Policy Code, Article 49 and Administrative Code, Article 12) (the "Ordinance") mostly builds upon existing California law, making ...

On July 14, 2014, the California Supreme Court ruled that commission payments made in one pay period may not be used in another pay period to satisfy minimum payment requirements under the California commissioned employee exemption. Peabody v. Time Warner Cable, Inc. (California Supreme Court).

On July 21, 2014, a California appellate court ordered a real estate agent of a brokerage firm to arbitrate his claim that he was improperly classified as an independent contractor and not an employee.  Galen v. Redfin Corporation. The court held that the Scott Galen’s claims for unpaid overtime, missed meal and rest periods, inaccurate and untimely wage statements, waiting time penalties, and ...

On July 21, 2014, the California Court of Appeal soundly rejected attempts by an employee in a proposed class action to challenge an employer’s practice of deducting partial-day absences from the leave banks of exempt employees, including partial-day absences in increments of less than four hours.  Rhea v. General Atomics (“Rhea”).  In this decision, the court not only confirmed that California law permitted the deduction of partial-day absences from the leave banks of exempt employees, but also clarified that such deductions may occur in any increment of time.

Tags: FLSA

On June 30, 2014, the United States Supreme Court ruled that closely held for-profit corporations may object to the Affordable Care Act (“ACA”) mandate to offer health insurance with access to certain contraceptive methods under the Religious Freedom Restoration Act (“RFRA”).  In a 5-4 decision, the Court found that corporations are protected under the RFRA, as an extension of the protection of the ...

Tags: ACA

On June 26, 2014, the United States Supreme Court, in a 9-0 decision, ruled that three recess appointments President Obama made in 2012 to the National Labor Relations Board (“NLRB”) were invalid.  The Court affirmed the decision of the District of Columbia Circuit Court of Appeals, focusing on the language of the Recess Appointment Clause of the Constitution, which it weighed against the historical ...

The first phase of California’s two-phase, minimum wage increase is now less than one month from taking effect.  Last fall, California Governor Jerry Brown signed into law AB 10, which amended the California Labor Code to provide for an increase in the minimum wage.  The first phase of the minimum wage increase takes effect July 1, 2014, and will increase the mandated minimum wage from $8.00 to $9.00 per hour.  ...

As we previously reported, most employers in California are subject to the workplace seating requirements contained in the Industrial Welfare Commission Wage Orders, which regulate wages, hours, and working conditions in specified industries and as to specified occupations. Wage Orders 1-13 and 15 all contain the following seating requirements:

The Consolidated Omnibus Budget Reconciliation Act of 1985 – “COBRA” as commonly known – gives certain former employees, their spouses, and dependent children the right to temporary continuation of health coverage at the employer’s group rates. COBRA generally obligates employers with 20 or more employees to offer COBRA coverage when coverage is lost due to certain specific events, and to notify their employees of the availability of such coverage.

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