Effective July 1, 2017, the minimum wage has increased to $12 per hour for employers with 26 or more employees in the City of Los Angeles, unincorporated parts of LA County, Malibu, Pasadena, and Santa Monica.
Paid leave laws and FMLA
EEO rules and the need for anti-harassment, anti-retaliation and complaint policies
Legalization of marijuana for recreational purposes in relation to employer drug-free policies
The NLRB’s Purple Communications decision and its impact on policies related to usage of employer communication systems
No-solicitation policies and NLRB’s limitations regarding the practical reach of such policies
Communications with the media policies
Social media privacy and usage policies
Confidentiality policies and confidentiality of workplace investigations
Audit and video recording policies
Off-duty employee access
WASHINGTON – U.S. Secretary of Labor Alexander Acosta today announced the withdrawal of the U.S. Department of Labor’s 2015 and 2016 informal guidance on joint employment and independent contractors. Removal of the administrator interpretations does not change the legal responsibilities of employers under the Fair Labor Standards Act and the Migrant and Seasonal Agricultural Worker Protection Act, as reflected in the department’s long-standing regulations and case law. The department will continue to fully and fairly enforce all laws within its jurisdiction, including the Fair Labor Standards Act and the Migrant and Seasonal Agricultural Worker Protection Act.
From July 1, 2016, employers in the City of Los Angeles must allow for at least 48 hours of employee paid sick leave in each year of employment, calendar year, or 12-month period. Accrued unused paid sick leave will roll over to the following year of employment and may be capped at 72 hours. Paid sick leave may be provided in lump sum at the beginning of the year, or accrued at a rate of at least 1 hour per every 30 hours worked which is the same minimum accrual rate as CA law, but with a higher accrual cap. CA has a cap of 48 hours.
The Labor Code Private Attorneys General Act (PAGA) authorizes aggrieved employees to file lawsuits to recover civil penalties on behalf of themselves, other employees, and the State of California for Labor Code violations. PAGA cases must follow the requirements specified in Labor Code Sections 2698 – 2699.5. SB 836 became effective on June 27, 2016. It made important changes in PAGA requirements. These requirements apply prospectively to all pending PAGA cases as well as new ones.
- All new PAGA claim notices must be filed online, with a copy sent by certified mail to the employer.
- All employer cure notices or other responses to a PAGA claim must be filed online, with a copy sent by certified mail to the aggrieved employee or aggrieved employee’s representative.
- A filing fee of $75 is required for a new PAGA claim notice and any initial employer response [cure or other response] to a new PAGA claim notice.
- The filing fee may be waived if the party on whose behalf the notice or response is filed is entitled to in forma pauperis status.
- The time for the Labor and Workforce Development Agency (LWDA) to review a notice under Labor Code § 2699.3(a) has been extended from 30 to 60 days.
- When filing a new PAGA lawsuit in court, a filed-stamped copy of the complaint must be provided to LWDA. (Applies only to cases in which the initial PAGA claim notice was filed on or after July 1, 2016.)
- Any settlement of a PAGA action must be approved by the court, whether or not the settlement includes an award of PAGA penalties.
- A copy of a proposed settlement must be provided to LWDA at the same time that it is submitted to the court.
- A copy of the court’s judgment and any other order that awards or denies PAGA penalties must be provided to LWDA.
All items that are required to be provided to the LWDA must be submitted online. All PAGA related notices and documents are no longer required to be submitted to LWDA by certified mail.