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VLOG: Employer Compensation Systems Must Compensate Employees for Rest Breaks

Video blog by Samson R. Elsbernd on Employer Compensation Systems. For more information, click here!

Employer Compensation Systems Must Compensate Employees for Rest Breaks

California employers are required to authorize and permit employees who are not exempt from overtime (“non-exempt employees”) to take paid rest breaks, during which time they are relieved from work.  Generally, employees paid on a commission basis are paid for their productive time, their sales.  A recent court decision determined that when non-exempt employees are Read more…..

On-Duty or On-Call Rest Breaks Violate California Law

California employers have to authorize and permit paid rest breaks to employees who are not exempt from overtime (i.e., non-exempt employees). On December 22, 2016, the California Supreme Court in Augustus v. ABM Security Services, Inc., 2 Cal.5th 257 (2016) ruled that an employer does not meet its rest break obligation when it requires its Read more…..

New Employment Laws for 2017

A number of employment-related measures were passed in 2016.  The measures became effective on January 1, 2017, unless otherwise specified.  Employers will want to be aware of the effect, if any, of these new measures on their day-to-day operations.  The highlights for the new employment-related measures follow:   California Fair Pay Act Amendments The California Read more…..

California Laws Now (Almost) Guaranteed for California Residents

Employment contracts frequently designate the place where employment disputes will be arbitrated or litigated and the law that will apply. The place is not always California, and the law is not always California law, even when employees are working and residing in California.  This is about to change with the enactment of Senate Bill 1241, Read more…..

An Expensive Reminder of the Value of Employee Handbooks

“An employment, having no specified term, may be terminated at the will of either party on notice to the other.”  (Labor Code sec. 2922.)  This statute establishes that California is an “at-will” state, meaning that “employment may be ended by either party at any time without cause, for any [legal reason] or no reason, and Read more…..

VLOG: Changes to the California Fair Pay Act Effective January 1, 2017

Wilke Fleury Video Blog on changes to the California Fair Pay Act – effective January 1, 2017 by Samson R. Elsbernd.

VLOG: An Expensive Reminder of the Value of Employee Handbooks

Wilke Fleury Video Blog on the value of employee handbooks by Stephen L. Ramazzini.

Employees Who Retire “Quit” Their Job and are Entitled to Prompt Payment of Final Wages

California employers – public and private – must promptly pay all earned and unpaid wages (i.e., “final wages”) to employees who are discharged or quit.  When employers fire an employee, they must pay the final wages at the time the employee is fired.  When an employee quits, final wages are due immediately when the employee Read more…..

VLOG: Transgender Employee Bathroom Access Rights in California

Check out our latest Video Blog on Transgender Employee Bathroom Access Rights in California.  

Transgender Employee Bathroom Access Rights in California

Most employers know (or should know) that discrimination against transgender employees is prohibited in California.  However, many employers are confused about the legal rights transgender employees have and how to protect those rights.  Of particular focus in recent months is restroom access for transgender and gender non-conforming employees.  Employers are facing this issue with increasing Read more…..

2016 Labor and Employment e-Book Now Available!

These doing business in California references for employers discuss recent advancements in the State’s labor and employment laws and how those laws affect their business. We assembled the Firm’s monthly labor and employment newsletters in easy-to-access e-books, now available for you to download. Wilke Fleury’s Labor and Employment e-Books are issued semi-annually. Click on the link below to Read more…..

Employee Leaves: Take Action! Don’t LEAVE it for Later!

Federal and California laws challenge employers and employees with complex statutes and regulations that govern extended employee time off. All too often, leaves are not appropriately addressed, or addressed at all, depriving employees of rights and benefits they may be entitled to and exposing employers to liability. The intent of this article is to provide Read more…..

New VLOG! Sexual Harassment Investigation: Protecting the Attorney-Client Privilege

For more information, check out this month’s Labor and Employment Newsletter, “Sexual Harassment Investigation: Protecting the Attorney-Client Privilege,” by Stephen L. Ramazzini, Esq

Sexual Harassment Investigation: Protecting the Attorney-Client Privilege

When an employer retains an outside attorney to conduct a sexual harassment investigation, is that attorney’s ultimate report protected by the attorney-client privilege? If you thought yes would be the obvious answer, you would be mistaken as to the obvious part. It took the intervention of the state Supreme Court in Waters v. City of Read more…..