Before you all jump on me about hating California law, this one does not come from California. In fact, this rule comes from our friends at the National Labor Relations Board (NLRB), despite California law. As many of you know, California is a dual-consent state, which means that the general rule regarding recording of conversations…
Author: Beth A. Schroeder
SB 1524, the Restaurant Industry’s Last Minute Hail Mary Exclusion from Junk Fee Ban, CAME THROUGH!
Well, my restaurant friends, you have the California Restaurant Association and the grass roots effort from the folks at IHC to thank for this one. They brought pressure on Senator Dobbs and the Democrats to amend the junk fee ban, to the chagrin of many patrons, and carve out a last-minute exception to this law. …
PAGA Reform – It’s REALLY Happening!!!!
Yes, Virginia, we finally got a reform passed that was an agreement between the Governor’s office, legislative leadership, business, and labor groups to reform the Private Attorneys General Act (PAGA) that would “avoid a contentious ballot measure campaign.” It’s a very long, complicated bill, and there are a lot of components to it. I credit…
Refresher Course on Meal and Rest Break Rules in California
It looks like it’s been a minute since I have reviewed these rules for you all. But no matter how much we talk about them, meal and rest break claims are still at the heart of nearly every wage and hour lawsuit we see – whether it’s a class action, a PAGA suit, or an…
May Is Mental Health Awareness Month – Employers Especially Be Aware
I wrote a lot last year about the spikes we saw with mental health issues and the related instances of substance abuse, and there was a fair amount published about the increases in both for 2023. But we are seeing that trend continue into 2024, and I am seeing it especially in calls from you…
SB 478, California’s New “Junk Fee” Law, What Does it Mean?
Governor Newsom signed SB 478 into law last October, banning what the government has recently dubbed “junk fees” in most consumer settings. The law is intended to ensure that consumers are aware of the total price of a purchase, by requiring all additional fees, surcharges, and extra costs be included in the total price…
Be Mindful Of Joint Employment Issues, California Employers In Particular
The issue of “joint employment” arises in a few different contexts. It has gotten a lot of attention of late in the national context, especially in the franchise/franchisor world. Every time there is an administration change, the National Labor Relations Administration (NLRA) changes its stance on the relationship between franchisors and franchisees. Those of you…
Stop Talking About “Probationary Periods”
The concept of a “probationary period” at the start of employment derives from the Union context, where new employees are given a certain period before they are covered under the Company’s cba (collective bargaining agreement). There, it makes sense. After that probationary period, the Company must start making contributions under the cba, and at the…
No Fooling – Fast Food Minimum Wage In California Goes to $20 An Hour Effective April 1, 2024
Most of you who are directly affected already know this, but AB 1228 goes into effect today, April Fool’s Day, requiring employees working at “limited-service restaurants” in California be paid at least $20 an hour if the restaurant is part of a chain comprising at least 60 locations NATIONWIDE. VITAL to note – the required…
Refresher About Calculating The Regular Rate Of Pay For Paying Overtime, Break Pay, And Sick Leave
I really thought I had written about this previously here, but I find that so many of my clients are still confused. Don’t beat yourselves up if you have been getting this wrong; this is a very complicated issue, and it bears a few reviews. Many California Labor Code sections, as well as federal wage…