Labor & Employment Law Blog

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 ...

On September 15, 2017, the 2017 California legislative session ended, with several employment-related bills being sent to the Governor’s desk.  The Governor has until October 15, 2017 to sign or veto bills passed by the Legislature.  Below is a quick summary of key bills that may be signed and become effective in the upcoming year:

On August 31, 2017, a federal judge in the Eastern District of Texas ruled the Department of Labor (“DOL”) exceeded its authority by more than doubling the minimum salary level needed for an employee to qualify for the “executive, administrative, or professional” exemption from federal overtime and minimum wage laws (commonly referred to as the “white collar exemption”).  U.S. District Court ...

On August 29, 2017, the Office of Management and Budget (OMB) informed the Equal Employment Opportunity Commission (EEOC) that it is suspending implementation of the EEO-1 form that was revised on September 29, 2016, in accordance with the OMB’s authority under the Paperwork Reduction Act (PRA).  This means that employers will not be required to report salary information with the EEO-1 Report due on March 31, 2018.

Last year Governor Jerry Brown signed AB 2337, requiring employers to provide employees with a notice regarding the availability of domestic violence victim leave. The notice must be provided to new hires and other employees upon request.  The notice requirement took effect July 1, 2017, with the California Division of Labor Standards Enforcement (“DLSE” otherwise known as the Labor Commissioner ...

Late last year, the United States Citizenship and Immigration Services (“USCIS”) issued a final rule revising Form I-9 and the list of documents that are acceptable to verify identity and employment authorization.  Beginning September 18, 2017, all employers must use the revised I-9 Form dated “7/17/2017 N” for new hires or rehires.  The new Forms, Instructions, and related documents may be ...

The minimum wage rates in 10 localities in California are set to increase effective July 1, 2017.  The increases are as follows:

• Emeryville: $14.00 per hour (for employers with 55 or fewer employees); $15.20 per hour (for employers with 56 or more employees).
• Milpitas: $11.00 per hour
• San Francisco: $14.00 per hour
• San Jose: $12.00 per hour
• San Leandro: $12.00 per hour
• Los Angeles (City): $12.00 per hour (for ...

On May 16, 2017, the Court of Appeals held that a company that obtains workers from a temporary staffing agency can enforce the arbitration agreement entered into between the temporary workers and the staffing agency.  See Garcia v. Pexco, LLC, No. G052872, 2017 WL 1435788 (Cal. Ct. App. Apr. 24, 2017).

The United States Supreme Court recently ruled that an appellate court must review a district court’s decision whether to enforce a subpoena issued by the EEOC under an abuse of discretion standard rather than de novo review which provided no deference to the district court’s decision.  McLane Co. v. the Equal Employment Opportunity Commission, 137 S. Ct. 1159 (2017).

Facts and Procedural Background

In ...

Many employers purchase Employment Practices Liability Insurance (“EPLI”) polices to protect themselves against employment-related lawsuits by current or former employees or job applicants, such as claims of alleged discrimination, harassment, retaliation, and wrongful termination.

The “Claims Made and Reported” Time Trap.

EPLI policies are often written on a “claims made and ...