Insight & Commentary on California Workplace Law Issues & Developments
As school resumes and temperatures fall, employees may be calling out sick. Here is a refresher on the basics of California’s paid sick leave law known as the Healthy Workplace Healthy Families Act, Labor Code 245 et seq.
Covered Employers
The state’s paid sick leave requirement applies to all employers and includes public employees.
Covered Employees
Employees who have worked…
In November 2022, the City of Los Angeles passed the Retail Fair Workweek Ordinance. The ordinance is set to take effect on April 1, 2023. The ordinance sets forth requirements for retail businesses in handling scheduling and providing work schedules to employees. Covered employees are anyone working in the City of Los Angeles for at least two hours per…
In May 2022, the California Supreme Court issued its decision in Naranjo v. Spectrum Security Systems, which considered the issue of whether failing 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…
Today, November 29, 2022, the Los Angeles City Council passed the Fair Work Week Ordinance on the second reading. The ordinance now goes to the mayor for final approval. If approved by the mayor, it will take effect on April 1, 2023.
Covered Employers
Under the ordinance, covered employers are defined as those businesses identified as a retail business under…
Employers in California are faced with a myriad of complex federal and state laws. It does not stop there. An employer with employees working in the City of Oakland may also need to comply with local ordinances.
The following is an overview of employment regulations in Oakland.
Minimum Wage
Like several other cities in California, Oakland has its own citywide…
In Grande v. Eisenhower Medical Center, FlexCare, LLC (“FlexCare”), a temporary staffing agency, assigned Plaintiff to work as a nurse at Eisenhower Medical Center (“Eisenhower”). The plaintiff alleged that during her employment at Eisenhower, FlexCare and Eisenhower failed to ensure she received the required meal and rest periods, wages for certain periods she worked, and overtime wages. She then filed…
In a recent decision by the Ninth Circuit, the Court of Appeals upheld the district court ruling in favor of grocery chain WinCo Holdings, Inc., holding that plaintiffs who were not yet employees when they took drug tests were not entitled to compensation for the time spent being tested.
In Johnson v. WinCo Foods Holdings, Inc, et al. (WinCo), a…
Local employment ordinances are not unusual in California and exist from San Diego to San Jose. However, San Francisco is unusual in that it has far more comprehensive employment law ordinances than other localities.
Here are some highlights of San Francisco’s employment requirements for employers.
Minimum Wage
Effective July 1, 2022, the minimum wage for employers within the geographic…
The underlying action, Naranjo v. Spectrum Security Services, was a class action brought by former and current employees, alleging violations of meal period violations. The plaintiffs sought not only premium wages for the violations but also waiting time penalties and penalties for failure to provide accurate wage statements. The results of the trial court decision were mixed and appealed.
The…
The California Court of Appeal, in Cirrincione v. American Scissor Lift, Inc. recently upheld a trial court order denying class certification in a wage and hour class action. Since class certification is so often granted, this decision warrants further attention.
The underlying case involved an employee bringing multiple wage and hour claims, including allegations that the employer engaged in unlawful…
