For the second time, the California Supreme Court issued a ruling in Naranjo v. Spectrum Security Systems in May. In May 2022, the California Supreme Court issued its first decision in Naranjo v. Spectrum Security Systems, which considered the issue of whether failure to pay premium wages for meal and rest period violations gave rise to claims for waiting time penalties or violations of wage statement requirements. The underlying action was a class action brought by former and current employees of Spectrum Security for meal period violations. The class sought waiting time penalties a ..read more

In 2022, the City of Inglewood passed a healthcare worker minimum wage ordinance. The new $25.00 minimum wage applies to private-sector healthcare employees who work in hospitals, integrated health systems, and dialysis clinics in Inglewood. The new minimum wage applied to clinicians, nurses, certified nursing assistants, aides, technicians, maintenance workers, janitorial or housekeeping staff, groundskeepers, guards, food services workers, laundry workers, and pharmacists but does not include managers or supervisors. The California Hospital Association challenged the law and recently the dis ..read more

On April 1, 2024, the new fast-food minimum wage took effect. At the end of March, California’s Labor Commissioner issued an FAQ regarding the new minimum wage. It includes the following sections: Overview of the Minimum Wage Increases Who is covered by the law The role of the fast-food council in addition to minimum wage The FAQ highlights important aspects of the new fast-food minimum wage statute: Posting Requirements There is a supplemental posting to the minimum wage order that must be posted by covered employers. The supplemental posting is available on the Labor Commissioner’s page. C ..read more

California’s pro-employee employment regulations are often compared to those of the European Union. Recently, the California legislature borrowed another European idea for a proposed bill, “the right to disconnect from work.” Assembly Bill (AB) 2751 would mandate that employers establish policies that allow employees to disconnect from employment communications during non-working hours. Under the proposed law, employers would not be permitted to contact the employees outside of working hours except in the event of an “emergency” or “scheduling.” Under the bill, an emergency is defined as “an u ..read more

Last year, California’s Governor signed Senate Bill (SB) 553, which requires most employers to establish, implement, and maintain an effective Workplace Violence Prevention Plan (WVPP). The law is enforceable on July 1, 2024. Cal/OSHA is responsible for enforcing the requirements of SB 553, now codified in California Labor Code Section 6401.9. Recently, Cal/OSHA published a Frequently Asked Questions (FAQ) page to assist with compliance. The FAQ reviews the following: Definitions under the statute Employer applicability Requirements for the WVPP Violent Incident Logs Training Record ..read more

In its recent opinion in Huerta v. CSI Electrical Contractors, the California Supreme Court addressed three inquiries posed by the 9th Circuit. These inquiries specifically relate to the definition of “hours worked” within the context of the California wage order applicable to the construction, drilling, logging, and mining industries, as well as the California labor code. In the underlying action, employees were working on a solar power facility located on privately owned land that had limited access on and off the highway.  As a result, the employees’ entry was sometimes delayed, with h ..read more

On March 26, 2024, Governor Newsom signed Assembly Bill (AB) 610, which amends the definition of “fast food restaurant” to exempt restaurants in airports, hotels, event centers, theme parks, museums, and certain other locations from the requirements set forth under the Fast Food Council requirements. Last year, Newsom signed AB 1228, which repeals the FAST Recovery Act but establishes a modified version of the Fast Food Council (Council) until January 1, 2029. The bill also sets forth the minimum wage increases for fast food workers, with an increase to $20.00 effective April 1, 2024.&nbs ..read more

At the end of February, the Los Angeles County Board of Supervisors passed an ordinance adding several compliance requirements to the California Fair Chance Act requirements for employers considering the criminal history of applicants and employees in making employment decisions. The Fair Chance Ordinance (FCO) applies to employers with 5 or more employees in unincorporated areas of Los Angeles County. The ordinance takes effect March 28, 2024, and is operative September 3, 2024.   The following is a summary of some of the ordinance’s requirements. Job Postings Under the FCO employers sha ..read more

Last year, California’s Governor signed Senate Bill (SB) 553, which requires all employers to establish, implement, and maintain an effective Workplace Violence Prevention Plan (WVPP). The law takes effect on July 1, 2024. Cal/OSHA is responsible for enforcing the requirements of SB 553, now codified at California Labor Code Section 6401.9. Last Friday, Cal/OSHA published a Model WVPP. Similar to its model Injury and Illness Prevention Plan (IIPP) and COVID-19 Prevention policy, the Model WVPP is designed to assist employers in drafting their own plans. Employers are not required to use Cal/OS ..read more

The State of California recently updated two pamphlets that must be provided to new hires. The California Department of Industrial Relations Division of Workers Compensation updated its “Time of Hire” Pamphlet.  Employers must provide this document to newly hired employees. The document explains what workers’ compensation is, how to file a claim in addition to navigating medical care. The Employment Development Department (EDD) updated its “For Your Benefit” pamphlet. Employers must provide this pamphlet at the time of hire and discharge of employees. The document details state-provided b ..read more