Not all workers need to have their duties and other factors related to their job position outlined in an employment contract. For situations where this is necessary, it’s imperative that the employer ensures the contract is comprehensive and valid. There are several...
Advising And Defending Businesses
Month: November 2021
Construction Employer’s CBA May Waive PAGA Claims
On September 19, 2018, Governor Brown signed Assembly Bill No. 1654. Effective January 1, 2019, AB 1654 modifies the Private Attorneys General Act of 2004 (“PAGA”) and exempts an employee in the construction industry from its coverage with...
The Person Responsible for Failing to Pay Employees Minimum Wage and Overtime Pay Can Be Held Personally Liable Under PAGA
On September 28, 2018, the Fourth Appellate District Court of Appeal in Atempa v. Pedrazzani held that a person violating the minimum wage and overtime pay provisions of the Labor Code may be held personally liable for the plaintiffs’ attorney fees, costs, and...
Upcoming Event – The Rules of Evidence: A Practical Toolkit
Friday, December 14, 2018: National Business Institute will present a seminar entitled, “The Rules of Evidence: A Practical Toolkit” in Sacramento. Robert L. Rediger will join other speakers at this one-day seminar and present “Keeping Evidence...
Can you fire employees who belong to a protected class?
Historically, employees have faced discrimination, so the government set up a system of protected classes. Employees cannot be fired based on their inclusion in any of these classes. According to the Equal Employment Opportunity Commission (EEOC), these classes are...
AB 673 Will Permit Employee to Keep All Penalties for Late Paid Wages
Effective January 1, 2020, employees will be able to keep all penalties, in the amount of $100 for the first violation and $200 for each subsequent violation, along with 25 % of the amount unlawfully withheld during their employment. On October 10, 2019, Governor...
Why equal pay matters
If you are an established employer, you might want to analyze your wage structure. Gender-based pay differences have received a lot of attention in the last few years, and if you were found guilty of this, it could create problems. Remember, if one employee brings a...
New Law Imposes Obligations on California Employers When Interacting with Federal Immigration Authorities
Beginning January 1, 2018, AB 450 will regulate California employers’ interaction with federal immigration enforcement agents. The bill applies to both public and private employers and regulates access to nonpublic areas and employee records, notice of record...