2025 Workplace Violence Prevention Plan Review, Revision, and Retraining Obligations
As California approaches the one-year anniversary of the implementation of legislative measures intended to prevent and respond to workplace violence, and the California Division of Occupational Safety and Health continues to work on revisions to its draft workplace violence prevention standard, employers must review and potentially revise their workplace violence prevention plans and provide annual training to employees.
California Appellate Court Rules on Issue of First Impression: Who Bears the Risk of Loss When a Scammer Misdirects Settlement Funds to the Wrong Recipient?
A settlement is reached. As in most settlements, the parties are uncomfortably comfortable with the resolution. The day comes to pay. Payment is made but goes to the wrong account. The money is gone and the settlement agreement remains. Which party bears the risk of loss when the settlement funds are wired to and received by the wrong recipient, potentially a scammer, instead of the settling party? This is the question a California appellate court addressed this week.
Reductions in Force: California Worker Adjustment and Retraining Notification Act (Cal-WARN Act)
Last week’s legal update provided an overview of Worker Adjustment and Retraining Notification (WARN) Act obligations under federal law. As is often the case in California, in addition to complying with federal laws, California employers must also comply with additional obligations under state laws when implementing reductions in force. This week’s legal update provides an overview regarding California’s “mini” WARN Act.
Reductions in Force: Federal Worker Adjustment and Retraining Notification Act (Federal WARN Act)
Reductions in force occur for a variety of reasons, sometimes due to internal factors and other times resulting from external influences. No matter the cause, layoffs and closures are difficult for any business. Among other factors to consider, employers must review their Worker Adjustment and Retraining Notification (WARN) Act obligations under both federal and state laws and ensure any reductions comply with these obligations, if triggered. This week’s legal update provides a general overview regarding the federal WARN Act. A future update will summarize California’s “mini” WARN Act. Employers with California operations must understand their obligations under both laws.
Employment Law Refresher: Federal Agency Resources Available to Employers
A prior legal update provided information regarding California employment law resources available from state agencies. This week’s legal update provides similar information about federal agencies. Employers should consult legal counsel to ensure compliance with applicable laws.
California Appellate Court Upholds Prospective Meal Period Waiver for Work Periods of Five to Six Hours: Bradsbery v. Vicar Operating, Inc.
As covered in a recent series of Friday legal updates, California law requires employers to provide nonexempt employees with statutory meal periods and further permits employees to waive those meal periods in specific circumstances. This week, a California appellate court confirmed as lawful a longstanding practice whereby employers and employees prospectively waive meal periods before the right to take them accrues. This week’s legal update summarizes the case and the circumstances supporting the court’s ruling.
California Employment Law Refresher: State Agency Resources Available to Employers
Seeking guidance from legal counsel is the best way to ensure an employer’s practices comply with federal, state, and local laws. In addition to that guidance, however, there are various additional resources prepared by federal, state, and local public entities that may be of assistance to employers in mitigating legal risk. This week’s Friday Legal Update outlines, and provides links to, several resources available from California state agencies.
California Employment Law Refresher: Responding to Requests for Employment Records
At some point, every employer will receive a request for employment records from a current or former employee. In order to comply with their obligations, and mitigate the risk of penalties with the potential for attorneys’ fees and costs, employers must adhere to statutory deadlines when responding to these requests. This legal update outlines the parameters for typical record requests from current and former employees and their representatives.
California Employment Law Documentation: Wage Theft Protection Act Notice
One challenge in running a business is knowing each of the forms and notices that must be provided, documented, and posted in the workplace. One of those obligations involves California’s Wage Theft Protection Act, which requires employers to provide nonexempt employees with written notice regarding aspects of their employment upon hire and within seven calendar days following changes to that information. This week’s legal update outlines those obligations and provides a resource to the state’s template notice form, which is available in multiple languages.
California Employment Law Refresher: Meal Periods, Rest Periods, and Premiums (Part 3)
Labor Code section 226.7 sets forth an employer’s obligation to make premium payments for the failure to provide meal periods or authorize and permit rest and recovery periods. Court decisions interpreting this section and other provisions of the Labor Code have defined the manner in which that premium payment is calculated, the statute of limitations for asserting such claims, and whether premium payments trigger other penalties.
California Employment Law Refresher: Meal Periods, Rest Periods, and Premiums (Part 2)
Meal period claims receive most of the wage and hour attention, but failure to comply with California’s rest period obligations can also result in employer liability. This week’s Friday Legal Update outlines the basic rules regarding rest (and recovery) periods, potential exemptions, and strategies to ensure compliance.
California Employment Law Refresher: Meal Periods, Rest Periods, and Premiums (Part 1)
Nearly two decades after the California Supreme Court concluded that meal and rest period premiums constitute wages or premium pay governed by a three-year statute of limitations rather than the one-year statute of limitations governing penalties, meal and rest period claims continue to be a fixture in California employment litigation. Subsequent cases further refined the scope of these claims, dictating, among other things, the way in which premium pay is calculated, whether meal periods can be rounded, how rest periods are compensated for employees earning piece rate wages, and whether unpaid premiums trigger derivative penalties. This week’s legal update provides a refresher regarding employers’ meal period obligations.
Workplace Violence Restraining Orders: Protecting Employees and the Workplace
Workplaces are typically safe for both employees and patrons. However, on occasion, workplaces can experience violence or threats of violence and other conduct that cause employees and organizations to fear for their health and/or safety. In such instances, in addition to other actions consistent with their legal obligations, employers may seek protective orders limiting access to the workplace and providing protection to employees.
Payment of Wages for Deceased Employees: How to Ensure Compliant Processing of Final Wages While Mourning a Colleague’s Passing
An employee’s passing is never easy to process and takes an emotional toll on the workplace. Soon after that passing, while colleagues are still mourning, employers have to make important decisions and take action regarding various matters, including payment of final wages for the deceased employee. California provides procedures to ensure this payment is made appropriately to those individuals who are authorized to receive it.
Final Day and Final Pay: Ensuring Compliant Payment of Final Wages upon Separation of Employment
California’s rules regarding final payment of wages are famously stringent, with different requirements depending upon whether the separation is voluntary or not and, if voluntary, when notice is provided in relation to the last day worked. Failure to comply with applicable deadlines, to make full and accurate payment in the correct manner, and to include all wages due, can result in waiting time penalties that greatly exceed the amount of unpaid wages. Understanding these rules and establishing payroll systems that ensure timely and accurate payment of wages will not only make the employment separation process run more smoothly, but will also mitigate the risk of employee claims for penalties.
Cupid in the Workplace: Employer Options When Coworkers Connect
On this Valentine’s Day, love may be in the air. As employees spend more of their time at work, and more people find love during their working years, employers are likely to encounter one or more workplace romances. How employers plan for and address those relationships can mean the difference between a productive or chaotic workplace and can reduce the risk of liability for workplace harassment.
Practical Steps for Employers to Engage in the Interactive Process and Provide Reasonable Accommodations
The beginning of each year is a good time to re-evaluate current practices and procedures to ensure supervisors know how to recognize and assist employees in communicating needs and obtaining resources to perform their essential job duties with or without reasonable accommodation.
December 31, 2025 Deadline for Small Employer Registration in CalSavers Program Approaching
Eligible employers with one or more employees who do not have their own retirement savings plan must set up payroll deposit savings arrangement for employee participation no later than December 31, 2025.
California Labor Commissioner Model Whistleblower Protection Notice Available to Employers
As 2024 came to an end, the California Labor Commissioner published its model notice regarding California’s whistleblower laws. Employers who post this notice as outlined are deemed to be in compliance with their obligation to prominently display information for employees about their whistleblower protection rights and responsibilities.
2025 Brings Added Protections for Independent Contractors with the Freelance Worker Protection Act (FWPA)
Agreements for freelance work entered into or renewed on or after January 1, 2025, must be in writing and must set forth specific elements including those related to timing of invoicing and compensation. Failure to comply with the new law, and any action taken to restrict the enforcement of its requirements, may result in a action for damages, attorneys’ fees, costs, and injunctive relief.