The Latest Developments with PAGA, California’s Gift That Keeps on Giving

With the advent of the much-hailed Private Attorney’s General Act (PAGA) Reform that came last June, attorneys for the plaintiff’s bar just keep finding ways to push their agenda.   And one of those maneuvers includes their continued attack on our dearly beloved arbitration agreements. As you all should recall, we have had a bit of…

Managing “De Minimus” Time in California

The concept of “de minimus” time has been around for decades under the Fair Labor Standards Act (FLSA), which is the federal body of law that governs wage and hour issues.  In 1947, the U.S. Supreme Court established the de minimis rule when it held that the FLSA generally is not concerned with “trifles,” when the matter…

Navigating the Threat of ICE Raids, Part Two

The LA Times and several other new sources have reported “leaked information” from “officials” indicating that Los Angeles would be the target of “large scale” ICE raids by the end of February.   It is unclear whether these increased enforcement efforts will target employers, or if they will instead focus on schools, hospitals, and churches, which…

ICE Raids: How to Prepare Now

The most important thing to know as an employer, you have rights, as do your employees.    You also have responsibilities.    As California employers, we must comply with both California as well as federal law.  But what does that all mean? First, we need to get educated.  And then, we need to make and implement a…

New State Minimum Wage, New Local Minimum Wages, and New Salary Tests

It wouldn’t be the start of a new year unless California’s minimum wage was increasing.  As with many local jurisdictions, including Los Angeles, the minimum wage is now tied to the CPI and for the most part, increases annually.  The state and many local minimum wages (mostly in Northern California) increase on January 1, while…

Please Don’t Change the Employee Handbook

Many, if not most of you, participate in our employee handbook program. In some form or fashion, I have spearheaded this program for over 30 years, at all three of my law firms.  As most of you know, the genesis of the current employee handbook program is an electronic template.   Our department takes great care…

Managing Employee Departures

I revisit this topic from time to time, and I have written entire articles and given two hour talks on the subject.  But it feels like it may be time for a refresher course. I spend a lot of time reviewing wage and hour laws because they are very technical in California and are the…

Thanksgiving Time

Holidays and Mental Health – The holiday season is officially upon us, but it isn’t all joy and cheer.  The most wonderful time of the year also brings stress for many, and feelings of isolation and depression for others.   We are already experiencing a spike in mental health issues, here and around the world.  The…

How Will the New Trump Administration Impact Employers?

While we still have a few months until Donald J. Trump becomes the 47th President, he has already started announcing cabinet picks and signaling that he wants to make good on many of his campaign promises.  We also can glean a few glimpses of his impending impact from Trump’s first stint in the White House. …