Author Archives: Bernstein & Friedland, P.C.

CA Supreme Court Makes It More Difficult to Classify Workers as Independent Contractors

The California Supreme Court has issued a decision in Dynamex Operations West, Inc. v. Superior Court that broadens the scope of workers who will qualify as employees as opposed to independent contractors for purposes of California’s wage and hour regulations set … Continue reading

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New CA Laws Expand Protections for Immigrant Workers

Consistent with its status as a “Sanctuary State,” new immigration-related California laws going into effect on January 1, 2018 will prohibit employers from: (1) Providing voluntary consent to a federal immigration enforcement agent to enter any nonpublic areas of a … Continue reading

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New Legislation Prohibits CA Employers From Considering Job Applicants’ Criminal Histories Until After Making a Conditional Offer of Employment

On January 1, 2018, California will become the newest U.S. state to “Ban the Box” when a new law will prohibit most employers in the state that regularly employ five or more employees from (1) including on any application for employment, before … Continue reading

Posted in Criminal Background Checks | Leave a comment

California Employers Will Soon Be Banned From Asking Job Applicants About Their Prior Salary

In the latest legislative effort to fight gender- and race-related wage disparities, a new law effective January 1, 2018 will prohibit California employers from seeking, whether “orally or in writing,” salary history information, including benefits information, from job applicants. The law … Continue reading

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New California Law Affords More Parents the Right to Take a Job-Protected Leave of Absence to Bond with a New Child

Effective January 1, 2018, the “New Parent Leave Act” will require employers with at least 20 employees to allow employees who have performed more than 12 months of service to take up to 12 weeks of unpaid job-protected leave to bond … Continue reading

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Why Every Employer Should Have An Employee Handbook – And The Policies That Should Be In There

Whether an employer has one employee or 1,000, having a legally compliant employee handbook is essential.  Particularly in a state like California, where employment-related lawsuits are filed against employers virtually every day, employee handbooks often serve as an employer’s first … Continue reading

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CA Supreme Court Holds Employers Must Provide Non-Exempt Employees at Least One Day of Rest Each Workweek and Clarifies Other Day of Rest Rules

The California Labor Code entitles non-exempt employees to at least one day of rest every seven days. Specifically, Labor Code § 551 provides: “Every person employed in any occupation of labor is entitled to one day’s rest therefrom in seven.”  … Continue reading

Posted in Days of Rest, Overtime, Uncategorized, Wage and Hour | Leave a comment

CA Supreme Court Holds Employers Cannot Require Employees to be “On-Call” During Legally Required 10-Minute Rest Breaks and Affirms $90 Million Judgment Against Security Company

A few weeks ago, the California Supreme Court in Augustus v. ABM Security Services, Inc. affirmed a $90 million judgment in favor of a class of more than 14,000 security guards, finding that their employer failed to provide legally compliant … Continue reading

Posted in Meal and Rest Breaks | Leave a comment

New Year, New Employment Laws for California Employers

The California Legislature, local city councils, and other lawmakers have been busy over the last several months passing a number of laws that will impact the employment landscape.  Below is an overview of some of the key changes to be … Continue reading

Posted in Criminal Background Checks, Employee Handbooks, Minimum Wage, Sick Leave | Leave a comment

New CA Case Holds That Employer Should Have Accommodated Employee’s Scheduling Needs So That He Could Care For His Disabled Son

Does an employer need to reasonably accommodate an employee’s shift scheduling requirements to enable the employee to tend to the medical needs of his son?  The court in Castro-Ramirez v. Dependable Highway Express, Inc., 2 Cal. App. 5th 1028 (Aug. … Continue reading

Posted in Disability Discrimination, Discrimination | Leave a comment