• Posts by Robert Fried
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    Robert Fried serves as defense counsel, mediator and expert witness, he maintains an extensive regulatory and policy practice on state and federal issues at the agency level. His practice includes representation at the United ...

Berkeley’s Paid Sick Leave Ordinance took effect October 1, 2017.  The Berkeley minimum wage also increased on October 1, 2017.  And earlier this month, the City issued new guidance on its Family Friendly and Environment Friendly Workplace and Paid Sick Leave Ordinances.  The details of the Ordinances are outlined below.

Minimum Wage

Berkeley’s current minimum wage is $12.53 per hour and is scheduled to ...

Earlier this year, voters in San Francisco approved amendments to the San Francisco Paid Sick Leave Ordinance in an effort to streamline the Ordinance’s provisions with that of the California sick leave law.  The changes to the San Francisco law take effect January 1, 2017.

Among the revisions to the Ordinance are the following provisions:

  • Explicitly recognizes front-loading sick leave, which it labels ...
Categories: Employee Benefits

In late August, 2016, the Berkeley City Council approved a new sick leave ordinance that will take effect October 1, 2017.  The City Council also approved scheduled increases to the City minimum wage.  Until now, it was unclear whether the minimum wage and sick leave rules the City Council implemented would be altered by competing measures on the City ballot.  On Tuesday, November 8, 2016, voters in Berkeley voted ...

The California Court of Appeal last week held that California employers are not required to list the value of accrued vacation on wage statements provided to employees.  Soto v. Motel 6 Operating L.P. (2016) __Cal.Rptr.3d__, 2016 WL 6123927 (Fourth District).

On September 14, 2016, the San Mateo City Council will enact San Mateo Ordinance No. 2016-7, amending the minimum wage schedule for all employees who work a minimum of two hours a week within the geographic boundaries of the City of San Mateo, including employees who are under 18. Annual minimum wage increases will begin January 1, 2017.

San Mateo’s minimum wage will increase according to the following ...

Categories: Wage & Hour

On July 25, 2016, the judge in Nisei Farmers League v. California Labor and Workforce Development Agency, et al., (Case No. 16 CECG 02107) denied Nisei Farmers League’s motion for preliminary injunction.  Accordingly, the temporary restraining order against the enforcement of the filing deadline to participate in the AB 1513 (codified as Labor Code section 226.2) “safe harbor” expired.  The deadline ...

On June 30, 2016, the judge in Fresno Superior Court presiding over the Nisei Farmers League v. California Labor and Workforce Development Agency, et al., (Case No. 16 CECG 02107) issued a temporary restraining order against the enforcement of the July 1st filing deadline of the “safe harbor” provisions of Labor Code section 226.2 (the piece rate law).  The Nisei Farmers League filed for preliminary ...

On July 6, 2015, the United States Department of Labor published proposed regulations that would substantially increase the minimum salary that must be paid to exempt employees under federal law to $50,440 or more.  The DOL published the Notice of Proposed Rulemaking was published in the Federal Register, opening a 60-day comment public comment period on the  proposed amendments to Fair Labor Standards Act ...

On April 29, 2015, the U.S. Supreme Court unanimously held that lower courts have authority to review whether the EEOC fulfilled its duty to attempt conciliation (typically through mediation with the parties) under Title VII of the Civil Rights Act of 1964. In that review, courts should narrowly consider whether the EEOC gave the employer notice and an opportunity to achieve voluntary compliance with Title ...

Tags: EEOC

On February 10, 2015, the California Court of Appeal held that Industrial Welfare Commission (“IWC”) Wage Order 5 conflicts with California Labor Code section 512(a), and that the IWC exceeded its authority by creating an additional exception for second meal period waivers for health care workers.  (Gerard v. Orange Coast Memorial Medical Center, 2015 WL 535730 (2015)).

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