Entries by holly@advaiz.com

New Compliance Requirements for 2017

New Compliance Requirements for 2017 Minimum Wage Changes: With the passing of Senate Bill 3 last year, Governor Brown approved an incremental increase to the State minimum wage to $15.00 per hour by 2022. Effective January 1, 2017, California employers with 26 or more employees will be required to pay employees a minimum wage of […]

White Collar Worker Exemption

The U.S. Department of Labor (DOL) today released the long-anticipated final rule updating the “white collar worker exemption” under the Fair Labor Standards Act (FLSA). The DOL began working on updated regulations in 2015, which will expand the availability of overtime pay to some previously considered exempt white collar workers. The final rule takes effect […]

Associational Disability Discrimination

The California State Court of Appeal reversed an employer’s motion for summary judgment, and is allowing a case for disability discrimination to proceed against an employer based on the employee’s need to accommodate his son’s daily dialysis (and not for the employee’s own illness).  The employee sued after being terminated for refusing to work a […]

San Francisco Becomes First City to Mandate Paid Parental Leave

On Tuesday, April 5, 2016, San Francisco became the first city in the United States to pass legislation that will provide fully paid parental leave to new parents. The city’s Board of Supervisors unanimously passed the measure, and with the Mayor’s anticipated formal approval, it will go into effect on January 1, 2017. California currently […]

Photography, Audio & Recording in the Workplace

NLRB says Whole Foods Market violated federal law when it prohibited employees from recording conversations, phone calls, images, or company meetings with a camera or recording device without prior approval. Whole Foods claimed that its prohibitions against recording in the workplace were meant to encourage open communication and to eliminate a chilling effect on the […]

New IRS Standard Mileage Rate

Effective January 1, 2016, the IRS standard mileage rate for operating a car for business travel has been changed to 54 cents per mile. Many employers use the IRS mileage rate to calculate reimbursements for employee business expenses, so employers may have to adjust their reimbursement calculations accordingly.

Employer Settlement Payroll Taxes

California appellate court adopts federal rule that employers are required to withhold payroll taxes from an award of back or front pay for lost wages in a judgment or settlement with former or current employee. [Cifuentes v. Costco Wholesale 238 Cal.App.4th 65 (2015)]

Unlawful Background Screening

The U.S. Equal Employment Opportunity Commission (EEOC) recently obtained a settlement of over 1 million from an international car company for unlawful background screening. This is one of the first ‘race discrimination’ cases of this kind by the EEOC since it updated its guidance on the use of arrest and conviction records in 2012. The […]

Disability Accommodation After Termination Ruling

Sixth Circuit Court of Appeals recently held that asking for a disability accommodation after an employee was terminated for misconduct did not require an employer to reinstate the employee or consider the accommodation request. Employee worked in retail appliance store and had conflict with co-workers. After store had closed, employee returned and surveillance cameras showed […]

California Supreme Court Guidance on Meal & Rest Breaks

Brinker Decision Provides Guidance on Meal and Rest Breaks The California Supreme Court has finally issued its long awaited ruling in Brinker Restaurant Corp. v. Superior Court, finding that employers must provide but need not ensure that employees take meal periods. It has been three and a half years since the California Supreme Court granted […]