As business lawyers, we are often asked questions about when an employee’s final paycheck is due and what penalties are assessed for a failure to comply with California’s final paycheck laws. Whether an employee is discharged or quits, an employee must receive timely payment of their wages in accordance with Labor Code Sections 201-203. This article addresses basic information employers must be aware of in order to be in compliance with such Labor Codes.
On January 5, 2023, the Federal Trade Commission (“FTC”) published a proposed rule that would ban employers from imposing non-compete clauses with employees (“Proposed Rule”). If adopted, it will make it easier for employees to switch jobs and will impact employee compensation structure and the protection of confidential information.
Employers have no doubt heard the phrase “regular rate of pay.” Indeed, this phrase often appears in employee handbooks. But, in our experience, employers do not fully understand what this (misleading) phrase means.
In California and other states, new regulations are taking effect regarding the privacy rights of consumers. The California Privacy Rights Act gives residents of California more control over the personal information that businesses collect about them. Businesses subject to these regulations should update their privacy policies to include all required disclosures and notices of consumer rights. In this video, we will go over the 5 important ones you should include in your policy.
The Civil Rights Council of the California Civil Rights Department has released its latest draft revisions to the Fair Employment and Housing Act regulations governing an employers’ use and consideration of a job applicant’s criminal history in making employment decisions under the California Code of Regulations, Title 2, § 11017.1.
A trademark can be any word, phrase, symbol, or a combination of these things that identifies your goods or services—it will be how customers recognize your brand in the marketplace and distinguish you from your competitors. Prior to trademarking your brand, there are 3 critical steps you must complete.
Are you aware that certain information must be included in your employee’s wage statements? In this video, we will discuss the laws regarding what must be included in their wage statements.
After nearly an 18-month delay, the US Congress passed the Pregnant Workers Fairness Act (“PWFA”) and the Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”) with bipartisan support. Signed by President Biden on Thursday, December 29, 2022, these two laws will expand rights for pregnant, post-partum, and nursing employees.
Our readers have often heard of the phrase “personal guaranty” but are unsure what a “personal guaranty” is. Today, we’ll help dispel some of the mysteries surrounding the same.
It may be the end of time rounding in California. Earlier in October of this year, the Sixth District Court of Appeal in Camp v. Home Depot U.S.A., Inc. (“Camp”) held that where an employer “can capture and [have] captured the exact amount of time an employee has worked during a shift” must fully compensate employees for all time worked, rather than rounded time, even if the rounding practice is neutral on its face.
