Minimum wage is the price floor of employee labor. Workers may not sell their labor below this threshold. Federal, state, and local laws set a minimum wage to protect workers from unfairly low compensation. The purpose of a minimum wage is to allow everyone in society to earn enough money to meet their own basic needs and support their families. Thirty-four California cities are increasing the local minimum wage in 2021. Let’s answer some frequently asked questions about minimum wage. What is the minimum wage? Effective January 1, 2021, the minimum wage increased in California to $14 per hour for employers with 26 or more employees and $13 per hour for employees with 25 or fewer employees. The federal minimum wage provisions are contained in the Fair Labor Standards Act (FLSA). The federal minimum wage for covered nonexempt employees is $7.25 per hour. The minimum wage is $16.07 in San Francisco and $15 in Ventura County.…Read More
As spring approached in 2021 with the hope of putting the worst of the COVID-19 pandemic behind us, the California Legislature enacted Senate Bill 95 (“SB 95”) to provide supplemental paid COVID-19 sick leave to Californians, retroactively to January 1, 2021. California’s previous supplemental paid COVID-19 sick leave regulations expired on December 31, 2020. Between then and March, California employers were forced to work through a variety of local ordinances in the absence of a statewide emergency paid sick leave law. This leave must be granted in addition to leave taken under state, local, or employer leave laws or policies. SB 95 requires 80 hours of paid leave to employees for qualifying reasons. This new legislation expands paid COVID-19 leave to a greater number of employers and for a larger number of reasons. Unlike the Families First Coronavirus Response Act (FFCRA), this Act does not provide a tax credit or other funding measure to offset the cost…Read More
As the California Legislative Assembly works hard into 2021, new labor and employment bills are typically part of the landscape of prospective legislation. As well as managing remote workforces, employers have been yet again required to adhere to significant new legislation in 2021. There is no reason to believe that this will not be the case yet again in 2022. Workers must always ensure that they are taking complete advantage of the protections offered by California’s labor and employment laws. If you are concerned that your rights have been violated, call Moss Bollinger to discuss your options. The consultation is free. Here is a list and summary of some of the bills currently under consideration in 2021. AB-95 New Bereavement Leave Mandate: AB-95 imposes an obligation on all employers to provide employees bereavement leave upon the death of a spouse, child, parent, sibling, grandparent, grandchild, or domestic partner, regardless of the duration of time that the employee has…Read More
Any minor under the age of 18, with some exceptions, is subject to California’s child labor laws. The California Labor Code defines a “minor” as any person under the age of 18 years required to attend school under the provisions of the California Education Code, as well as any person under the age of six. Except in limited circumstances and as defined by law, all minors under 18 years of age employed in the state of California must have a permit to work. Even those who do not finish high school are subject to California’s compulsory education laws, and, therefore, subject to all California child labor law requirements. Although emancipated minors are subject to California’s child labor laws, they may apply for a work permit without the permission of their parents. Minors are restricted to certain types of work and may not work in hazardous jobs. Work permits are not required for newspaper carriers, babysitting,…Read More
What is the California Equal Pay Act? In 2015, Governor Jerry Brown signed the California Equal Pay Act, a piece of legislation determined to expand existing anti-discrimination laws in California workplaces. The Act prohibits employers from forbidding employees from discussing their wages or the wages of other employees. Pay secrecy policies, whether formal or informal, often reflect an effort by an employer to conceal wage discrimination. To truly implement equity in wages, it is necessary to increase pay transparency and allow workers to freely discuss their salaries. The anti-pay secrecy requirements under the California law reflect similar prohibitions under the National Labor Relations Act (NLRA), the California Labor Code, and an Executive Order that applies to federal contractors. California is one of ten states (Colorado, Illinois, Louisiana, Maine, Michigan, Minnesota, New Hampshire, New Jersey, and Vermont) that have pay-secrecy laws. Is it Illegal to Discuss Wages? The NLRA allows workers to discuss topics, such as wages, that affect them at work. Under the…Read More
In California, all workers are protected by state labor laws regardless of full-time, part-time, or seasonality employment. Once an employer hires you to perform a temporary, part-time, or seasonal job, you have certain essential rights that all workers have in California. Seasonal Employment Laws in California In California, there is legislation in place to help protect seasonal employees from unfair employment practices. These include the right to earn minimum wage, entitlement to accrue paid sick leave (PSL) if they work more than 30 hours a week, and entitlement to membership in the Public Employees’ Retirement Law (“PERL”) if requirements are met Employers rely greatly on the use of seasonal employees. These workers are a vital component of the California economy. Seasonal work is temporary employment that recurs around the same time every year to meet the demands of businesses that peak at certain expected times of the year. Seasonal employers hire seasonal employees for extra help when things get…Read More
For longer than many Californians realize, California has supported the idea of workers receiving pay when they take family leave. A component of California’s State Disability Insurance (SDI) program created in 1946, California’s Paid Family Leave (PFL) was signed into law as Senate Bill 1661 by Governor Gray Davis in 2002, creating the first program of its kind in the United States. California’s PFL program provides up to eight weeks of benefits to covered workers who need to take time off to engage in a qualifying family or military activity. PFL benefits officially became available to covered workers in California on July 1, 2004. To be eligible for benefits under California’s PFL program, you must: be unable to do your regular or customary work. have lost wages due to the need to provide care for a seriously ill family member, bond with a new child, or participate in a qualifying event resulting from a family…Read More
During the pandemic, OSHA standards continue to apply as employers attempt to protect workers from exposure to the COVID-19 virus. Occupational Safety and Health Administration (OSHA)and the Centers for Disease Control and Prevention (CDC) have issued workplace guidance for employers during the COVID-19 pandemic. This guidance directs how employers should develop preparedness plans and implement them through programs that effectively train workers. Employers are also directed to assess worker exposure to workplace hazards and risks and take infection prevention measures to reasonably address these hazards and risks in ways consistent with OSHA Standards. The following are a list of the measures that OSHA has issued as guidance for employers: promoting frequent and thorough handwashing or sanitizing with at least 60% alcohol hand sanitizer; encouraging workers to stay at home if sick; encouraging use of cloth face coverings; training workers on proper respiratory etiquette, social distancing, and other steps they may take to protect themselves; using stanchions to help keep…Read More
Frankly, ever since Jean-Jaques Perrett invented the first safety razor in the late eighteenth century, humans, many obsessively, have taken measures to permanently reduce their body hair. The first, initial at-home laser hair removal system was approved by the United States Food and Drug Administration (FDA) a little more than ten years ago. Thus, in the last ten years, there has been a proliferation of light-based hair removal devices intended for home use. Sales have grown rapidly and many well-known multi-national companies have entered the hair removal market. As the pandemic has necessitated social distancing, these products are as popular as ever since many of the businesses that offer professional hair removal services have been closed and unable to serve the public. However, some of these hair removal products, like any other product, may contain dangers unperceived by consumers. The result is a potential for injury or harm that may necessitate the payment of damages.…Read More
We no longer live in the 19th and early 20th centuries when employers frequently exploited employees with unscrupulous abandon. Nevertheless, 21st-century employers still attempt to exploit employees when they believe it may increase the profits of their business enterprises. To further the public policy of protecting employees from unfair exploitative employment practices, California law offers many legal safeguards for employees. Employers are required to pay workers for and provide rest and meal breaks. Failure to do so is “wage theft.” Employers may try to categorize a worker as an independent contractor to avoid compliance with California wage laws. Filing a claim in this situation for back wages may result in the entitlement to back wages. The following is a list of California laws related to wages and breaks that every California employee should know: Employers must pay minimum wage Contract workers or those who are paid by the piece or unit or paid by the…Read More
