It is common knowledge that, among the states, California is and has consistently been at the forefront of progressive rulemaking, especially legislation related to employment and labor law. The federal Equal Pay Act was not enacted until 1963 whereas California first passed an Equal Pay Act in 1949. California’s law was amended in 2015. The following is a review of California equal and fair pay laws before and after the recent legislative amendments in the last five years. The Equal Pay Act codified in Labor Code § 1197.5 formerly provided that: No employer shall pay any individual in the employer’s employ at wage rates less than the rates paid to employees of the opposite sex in the same establishment for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions . . . The California Fair Pay Act went into effect on January 1, 2016, with provisions that updated certain terms to make…Read More
While many Americans have received the COVID-19 vaccine, the pandemic and its effects have not completely vanished from life as we (now) know it. Some government bodies are still imposing restrictions to help protect public health and mitigate these continuing devastating effects. Santa Clara County’s Public Health Officer recently issued a new order to guide on June 21, 2021, for employers and residents as the State of California and Santa Clara County begin to reopen and resume some pretense of normalcy. The June Order eliminates the directive to work (telework) from home. The order also removes current requirements for capacity restrictions. However, it does not remove the requirements for masks to be worn indoors. It is still recommended that employee lunchrooms and breakrooms remain closed as the County is still discouraging workers from eating together indoors. Employers were required to obtain the vaccination status of all their employees who work in Santa Clara County by June 1, 2021. Of…Read More
Employers fire employees for many different reasons. While often these reasons are legitimate and reasonable, there are other instances where they may seem unfair and arbitrary. Does an employer even need a reason to fire you in California? California is an at-will state, meaning that an employer may terminate an employee at any time without reason or justification for terminating an at-will employee. Thus, an employer can fire you if he or she simply wishes to do so without any reason. Most employee handbooks contain a disclaimer of at-will employment. In turn, most employers require employees to sign an acknowledgment of their at-will status. Even if there is an underlying reason for termination, it can be something unreasonable such as not liking your favorite sports team or the way that you dress. However, the reason for termination may not be illegal under California or federal law. Some examples of illegal reasons for terminating an employee in California include discrimination based on age,…Read More
The mission of the Department of Justice, Antitrust Division (“DOJ”) is “. . . to promote economic competition through enforcing and providing guidance on antitrust laws and principles. The Federal Government enforces three major Federal antitrust laws and other antitrust laws are also enforced on the state level. Antitrust laws prohibit business practices that unreasonably deprive consumers of the benefits of competition, thus resulting in higher rather than lower prices for goods and services. The DOJ is currently investigating the hiring practices of many entities for potential antitrust violations. This may result in the DOJ, in some instances, criminally prosecuting companies and individuals who enter into illegal agreements with competitors regarding hiring practices, wages, and the solicitation of employees. In 2016, the DOJ, in conjunction with the Federal Trade Commission (“FTC”), warned that anticompetitive agreements in labor markets could result in criminal charges for those involved. Since then, the DOJ has publicly remarked on several occasions that criminal…Read More
COVID Paid Sick Leave (PSL) in California is a mechanism by which employers may provide paid sick leave to their workers. California employers with more than 25 employees must provide up to 80 new hours of COVID-19 supplemental paid sick leave (SPSL). This law applies retroactively to January 1, 2021. As the Families First Coronavirus Response Act (FFCRA) was extended to September 30, 2021, it has remained a way for employees to counteract the financial costs of the pandemic. Employers must fund this benefit without state assistance. However, California law does not prohibit an employer from using the FFCRA as a method of offsetting the costs of PSL. The FFCRA has also expanded the reasons employees may take Paid Sick Leave. Because these provisions went into effect as of April 1, 2021, employees who have already taken FFCRA paid sick leave have renewed banks of time as of April 1, 2021. Thus, the employee has a new bank of…Read More
There will always be employers who attempt to increase their profits at the expense of their employees. While California has a history of protecting employees with extensive employment and labor laws, California lacked the resources to pursue companies that violated the state’s labor laws in the early part of this century. Another problem at this time was that many California employees were unable to take advantage of protections under state law because they were handcuffed by restrictive employment agreements. Employers often forced employees to agree in writing to settle their claims and disputes through arbitration rather than litigation. To counter this problem, the California legislature passed the Private Attorneys General Act (PAGA) in 2004. PAGA is a helpful mechanism for employees whose employers try to circumvent California fair wage laws. In fact, PAGA is an invaluable tool for helping employees protect their right to fair wages in California. Under PAGA, when employers violate state wage…Read More
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 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
