Labor & Employment Law Blog

The California Supreme Court has denied the petition for review in Sheet Metal Workers' International Association Local 104 v. Duncan (Russ Will Mechanical), 229 Cal.App.4th 192 (August 27, 2014). This result affirms the Court of Appeal decision. AALRR published its comprehensive analysis of the case and the issue of off-site fabrication on September 3, 2014.

On September 10, 2014, Governor Brown signed into law the Healthy Workplaces, Healthy Families Act of 2014, which will require California employers to provide to nearly all employees — exempt and non-exempt — paid sick days effective July 1, 2015.

The Basics: With limited exceptions, beginning July 1, 2015, every employee, whether exempt or non-exempt, who is employed in California for 30 days or more ...

On August 15, 2014, California Governor Jerry Brown signed Senate Bill 1034 (“SB 1034”), which, effective January 1, 2015, repeals the 60-day waiting period limit imposed on certain health insurance plans in California.  2012 legislation, Assembly Bill 1083 (“AB 1083”), imposed a 60-day waiting period limit effective in 2014, which conflicted with the federal Affordable Care Act’s ...

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 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 ...

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.  ...

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.

The United States Treasury Department issued much anticipated final regulations on the Affordable Care Act’s (“ACA”) employer shared responsibility provision on Monday, February 10, 2014. The final regulations’ major impact will be to delay the employer mandate for employers between 50 to 99 employees to 2016. Employers with 100 or more employees will be required to offer health insurance to ...