I touched on this issue when the “junk fee bill” was passed, and especially now that bars, restaurants, and some other industries are exempt and can still include service charges and surcharges. But it is worth taking a deeper dive into the difference between tips (gratuities) and service charges because in this situation, language is…
Double-Down on Onboarding and Get Those Arbitration Agreements Signed
By now, you should all be aware of the new PAGA Reform, as I have been harping on it since the law passed back in June. The PAGA Reform will be most useful to compliant employers, who can reduce their potential PAGA penalties by 85% if they implement the compliance measures listed in the statute….
California Supreme Court Holds One Racial Slur Can Constitute Unlawful Harassment
While Simon Biles and Kate Ledecky have been breaking records, our state Supreme Court has been busy. In the case of Twanda Bailey v San Francisco District Attorney’s Office, on July 29, California’s highest court held that one racial slur by a co-worker can constitute unlawful harassment under California’s Fair Employment & Housing Act (FEHA). …
Surprise! Employees Have the Right to Secretly Record Workplace Conversations, Yes, Even in California
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…
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…