On September 12, California Governor Jerry Brown signed legislation granting farmworkers the right to overtime pay on par with other California workers. Assembly Bill 1066 provides for incremental overtime pay hour increases for farmworkers over a 4-year period beginning in 2019. Currently, farmworkers are paid overtime rates if they work more than 10 hours per day or 60 hours per … Read More
EEOC – Retaliation Complaints Enforcement Guidelines
If you’re an employer in Humboldt County, you’re familiar with your obligations with respect to harassment and discrimination. But, according to the federal governmental agency that oversees such claims, the Equal Employment Opportunity Commission (EEOC), the number one complaint against employers today is retaliation. Retaliation complaints make up almost half of all complaints received by the EEOC. In response to … Read More
California’s Fair Pay Act
In October 2015, California’s Governor Brown signed into law equal pay protections for California employees. The legislation authored by Senator Hannah-Beth Jackson to strengthen the older California Equal Pay Act and to rectify gender wage inequality. The Fair Pay Act protects employees who discuss their pay or seek to enforce their rights from discrimination or retaliation by employers. Employees now … Read More
420 Employees
The California legislature recently enacted the Medical Marijuana Regulation and Safety Act. The Act consists of three separate bills which create a comprehensive state licensing system for the commercial cultivation, sale, transport, and distribution of medical marijuana. Assuming the Act is signed into law by California’s Governor Jerry Brown, January 1, 2016 is its effective date. Any person operating pursuant … Read More
U-be a Class of Employees
Recently, a federal court in California certified a class action of Uber drivers who claim they are really employees and were misclassified by Uber as independent contractors. Uber defended the class status of the Uber drivers, arguing that each driver, as independent contractors, had a special contractual relationship with Uber and couldn’t prosecute their individual claims as a class. Drivers for … Read More
California Labor Commissioner Opines on Sick Leave
This month, the California Labor Commissioner has offered an opinion letter to help California employers interpret the requirements of the new Healthy Workplaces, Healthy Families Act of 2014—otherwise known as the new sick leave law in California. The opinion letter provides guidance to employers who have employees who do not work a traditional 8-hour per day schedule. Humboldt County employers … Read More
Put the “Self” Back into Self-Employed
Recent data available from the Census Bureau suggests that almost 11,000 Humboldt County residents identify as self-employed. If you own and operate your own business, you’ve likely had occasion to consider California’s employment laws. There is a great local resource for employers in Humboldt and Del Norte counties. The Northcoast Employer’s Advisory Council meets regularly, typically in Eureka, to discuss … Read More
California’s New Sick Leave Law Now in Effect
As of July 1, 2015, California’s new sick leave law is in effect. At this time, Humboldt County employers need a written policy that specifically caps sick leave, or they will be subject to the required statutory accrual rate of one hour of sick pay for every 30 hours worked. If you are a Humboldt County employer and do not know … Read More
Multi-Agency Enforcement Unit Issues Guidance
California’s Labor Employment Task Force (“LETF”) has just provided written guidance to employers about obligations for employing workers and what to expect during an inspection. The LETF is a multi-agency enforcement task force in California charged with enforcing labor laws, particularly for underground employment industries, like car washes, restaurants, manufacturing, roofing, construction, agricultural and auto repair businesses. For Humboldt County … Read More
Medical Marijuana Use and Employment
While California law allows individuals to possess and use medical marijuana as prescribed by their physicians, its use and possession is still illegal under federal law and under California law without a valid prescription. For California medical marijuana users and their employers, this legal framework complicates questions concerning employees’ rights to use prescribed medical marijuana and employers’ rights to discipline … Read More