Many workers in California and across the United States have legal protections under the Family and Medical Leave Act of 1993. This federal legislation, which was signed into law by then-President Bill Clinton, was crafted to give certain workers the right to job-protected, unpaid leave, should a qualifying emergency situation arise. In this post, our experienced San Jose employment law attorneys explain some of the key points that covered Bay Area employers need to know about this law.
A new California law which went into effect on January 1st, 2017 adds a new section (Section 925) to the California Labor Code and it restricts some employer rights. Employers are now no longer able to require out-of-state adjudication or arbitration in employment contracts. This applies to the contracts of all employees who reside primarily within the state of California. Employers with questions about the effects of this new law should consult with an experienced San Jose business law attorney to ensure that their firm is always in full compliance.
Last month brought two new important changes coming to the California Equal Pay Act. As with all employment law regulations, companies operating within the state must ensure that their firm is in full compliance with this law. This means understanding and conforming to the new aspects of the law. Further, it is critically important that your company has good relations with its workers and that you have well-drafted employment contracts that will protect you from liability. If you have any questions or concerns about how California's employment law changes will impact your company, please contact our experienced San Jose business law attorneys today to discuss your case.
Earlier this year, the Department of Labor (DOL) enacted a new rule that will have a major impact on overtime policies for many companies. The rule, which is set to go into effect on December, 1st, 2016, is estimated to cover as many as four million workers across the nation. Employees working in many different positions will be affected, including executives, administrative workers, sales staff and technology support professionals. All California business owners and managers need to be ready for these updated overtime regulations. Your company must be in full compliance with state and federal labor law at all times.
Sexual harassment is on the rise in workplaces across the country. According to the U.S. Equal Employment Opportunity Commission (EEOC), there were more than 26,027 formally lodged cases in 2014.
In recent years, there have been significant changes in the way in which many Americans work and earn money. Non-traditional working arrangements and what many have termed the "gig economy" have blurred the line between traditional employee relationships and independent contractors. Generally speaking, an employer-employee relationship exists when the employer exercises control over how and when the work is performed. Independent contractors, on the other hand, are hired to perform a specific service and are considered self-employed.
With the ringing in of the New Year, numerous legislative provisions go into effect that may affect the rights and responsibilities of employers and employees in California. The following are only some examples of important labor laws of which employers should be aware as we go into 2016.
California Governor Jerry Brown signed the Fair Pay Act into law on October 6, 2015. The law, which will take effect on January 1, 2016, takes aim at the gender wage gap in California. In the text of the bill, the legislature cited data from a U.S Census Bureau report that women employed full-time year-round in California made 84 cents to every dollar a man earned in 2013.
California businesses have a lot to consider when investigating or screening potential employees. There are many gray areas without crystal clear guidance from the law. However, the law does provide some general principles which will keep you safe. Therefore, the wisest approach is to let an attorney assist you in setting a company-wide policy that follows these general principles.
When employees and employers enter into an employment relationship, California contract law will govern that relationship, regardless if the relationship is oral, written, express or implied. The employment relationship usually defines the terms and boundaries of the agreement between the employee and employer. Depending on the circumstances of your case, you or your employer may have certain rights to terminate the employment relationship. If your employer terminates the contract outside of those rights, your employer will have to face the consequences for breaching your employment contract.