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California labor and employment law saw significant changes on January 1, 2008. However, Governor Schwarzenegger vetoed several bills that would have placed significant obligations on California employers in such areas as...
Jan 17, 2008
General Employment Issues
Effective January 1, 2008, California Employers Are Required To Provide Notice Of The Income Tax Credit Notification
Effective January 1, 2008, Assembly Bill 650 requires California employers to provide written notice to their employees of their possible right to an Earned Income Tax Credit (EITC). This requirement applies to all...
Jan 06, 2008
Labor Relations
NLRB Rules That Employers May Restrict Employees’ Union Solicitation on Company E-Mail
In a long-awaited decision, the National Labor Relations Board (the “NLRB”) has ruled that an employer may lawfully prohibit its employees’ use of company e-mail to solicit support for outside businesses and...
Effective January 1, 2008, the minimum wage in California increased to $8.00 per hour. However, a higher minimum wage of $9.36 per hour applies to employees working in San Francisco. Posters advising employees of the new...
Oct 18, 2007
General Employment Issues
California Statute Gives Qualified Military Spouses 10 Days of Unpaid Leave – Effective Immediately
While existing California law provides certain benefits for “qualifying members” of the U.S. Armed Forces, National Guard, and Reserves, those rights have been extended through Section 395.10 of the Military and...
On October 10, 2007, U.S. District Judge Charles R. Breyer issued a preliminary injunction barring the Department of Homeland Security from enforcing new regulations that created significant obligations for employers to...
Oct 05, 2007
Labor Relations
NLRB Continues Its Clear and Unmistakable Waiver Standard for Duty to Bargain Cases
In a recent decision, the National Labor Relations Board (“NLRB”), rejecting the contrary position of two federal appeals courts, has adhered to its longstanding rule that a unionized employer may implement new work...
Aug 24, 2007
Employment Discrimination
California Fair Employment and Housing Commission Issues Regulations on Mandatory Sexual Harassment Training
Under legislation adopted in 2004 (AB 1825), California employers with 50 or more employees are required to provide two hours of sexual harassment training to all supervisors at least once every two...
On July 3, 2007, the U.S. Court of Appeals for the Fourth Circuit ruled that a Department of Labor (“DOL”) regulation implementing the Family and Medical Leave Act of 1993 (“FMLA”) prohibits both the prospective and...
Jul 07, 2007
Employment Discrimination
Second Circuit Concludes That At-Will Employees Can Sue for Race Discrimination Under 42 U.S.C. Section 1981
The U.S. Court of Appeals for the Second Circuit in New York has recently concluded that at-will employees can sue for racially discriminatory discharge under 42 U.S.C. § 1981. Lauture v. Int’l. Business Machines...