California’s Newest Laws – No Re-Hire Terms
California passed several very interesting new bills that went into effect on January 1, 2020. While much has been talked about regarding AB 5, several other new laws will also help strengthen worker protections and rights. For example, AB 749. This law, which took effect at the beginning of the year, bans “no re-hire” provisions
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California Supreme Court: Employers Cannot Require Employees to Be On-Call During Rest Breaks
In its much-anticipated decision, the California Supreme Court recently held in Augustus v. ABM Security Services that employees must be relieved of all work—and not be on-call—during their ten-minute rest breaks. The plaintiffs in this case were security guards who worked for ABM Security Services. ABM provided plaintiffs with ten-minute rest breaks, but, per its policy, required
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Will 2016 Be the Year More Employees Recover Their Unpaid Wages?
Senate Bill 588, which went into effect in California on January 1, 2016, has not been in the media spotlight, but it should be. It will provide a much-needed enforcement mechanism to tackle rampant wage theft throughout this state. The Department of Labor Standards Enforcement (DLSE), also frequently referred to as the Labor Commissioner, is responsible for
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California Supreme Court to Review Whether Security Guards Can Be On-Call During Rest Periods
In February, we reported on the California Court of Appeal case, Augustus v. ABM Security Services, which permitted employers to place employees on-call during their ten-minute rest breaks. You can read our analysis of the case here. Now, the Court of Appeal will not have the final word—the California Supreme Court has granted review of this decision.
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A Software Engineer’s Guide to Overtime Pay
Below are some helpful questions and answers about how—and how much—software engineers in California should be paid. How low is too low for a software engineer’s salary? This may come as a surprise, but if you are a software engineer who works in California and receives a salary, the answer is simple. You must be
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California Employers Can Require Employees to Remain On-Call During Rest Periods
In a recent California case, Augustus v. ABM Security Services, a group of security guards sued their employer, ABM Security Services, for the company’s failure to provide rest breaks during employee shifts. While on duty, security guards at ABM patrol guarded buildings, report safety concerns, greet visitors, and respond to emergencies, among other duties. ABM provides
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Recent California Case a Win for Disabled Employees
In Swanson v. Morongo Unified School District, the California Court of Appeal reiterates an important employee right: that a disabled employee has both the right, and priority over other non-disabled employees, to be reassigned to a vacant position that would allow the employee to perform the essential functions of the job. In this case, Lauralyn Swanson
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AB 2751: California’s New Law Expands Protections for Immigrant Employees.
California employees who lack work authorization are more vulnerable than other workers to wage theft and to unlawful retaliation. Last year, California took action and passed AB 263, which made it unlawful for employers to target employees without work authorization who assert their rights. Under AB 263, employers are now prohibited from engaging in unfair immigration-related
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California Employment Law FAQs: Rest Breaks and Meal Periods
Q: Does my employer have to provide me with a meal period each day? A: Yes, in general, private employers in California must provide a 30-minute meal period to all hourly employees who work at least five hours that day.If an hourly employee works more than ten hours in that day, the employer must provide a
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Landmark New Law in California Provides All Employees with Paid Sick Leave
Governor Brown recently signed into law the Healthy Workplaces, Healthy Families Act of 2014, which for the first time in this state’s history will provide paid sick leave to nearly all employees across the state. The law takes effect on July 1, 2015. Under this law, employees will be entitled to accrue paid sick time at
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