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Presented By:Treaver K. HodsonFebruary 12, 2015
Compensation
Discrimination
Arbitration
Company Liability
Company Procedures
Local Minimum Wage California-Wide (AB 10)
July 1, 2014: $9 / hr. Jan. 1, 2016: $10 / hr.
Oakland (Measure FF) Mar. 2015: $12.25 / hr.
San Francisco (Prop J) May 1, 2015: $12.25 / hr July 2016: $13 / hr July 2017: $14 / hr July 2018: $15 / hr
Sick Leave (AB 1522) Healthy Workplaces, Healthy Families Act of 2014
An employee who works in CA for 30 or more days in a year is entitled to accrued sick leave starting July 1, 2015
Can begin using paid leave after 90 days of employment
Accrued leave not need to be paid at termination or separation of employment
Ambiguities regarding caps to paid
sick leave benefit
Paid Sick Leave Posting Labor Code section 2810.5
Employers required to include information about employee’s right to paid sick leave in “Notice to Employee”
This notice must be used starting January 1, 2015, although paid sick leave does not start until July 1, 2015
Waiting Time Penalties (AB 1723) Expands Labor Commissioner’s authority on
citations
It is not a new penalty, but introduces a new way of imposing waiting time penalties to employers that willfully fail to timely pay wages to an employee who is discharged or quits
Vranish v. Exxon Mobil Corp. In collective bargaining agreements, employers
/ unions can define overtime in a manner that trumps California’s overtime rules
Rhea v. General Atomics Exempt employees can be required to use
vacation leave hours when absent
While CA’s law prohibits employers from forfeiting vacation time, the requirement to use vacation time for partial-day absences does not comprise forfeiture
Mendiola v. CPS Security SolutionsWhen an employee is scheduled to work or be
on call for less than 24 hours, on-call time is compensable if the employer sufficiently restricts employee’s ability to engage in non-work activities
If working or on-call for 24 hours or more, up to 8 hours can be unpaid as non-compensable sleep time
If receiving less than 5 hours of uninterrupted free time during a 24-hour shift, then employers must pay the entire on-call period
Additional Issues SB 855: Companionship services are covered
under FLSAAB 2288: Child Labor Protection Act damages SB 1360: Rest and recovery periods count as
hours workedAB 2074: Longer statute of limitations for
recovering liquidated damages for unpaid wagesAB 1556: Unemployment insurance eligibility for
training periods
Additional IssuesSandifer v. U.S. Steel Corp.: unionized
employers don’t pay for “donning and doffing” time
Integrity Staffing Solutions, Inc. v. Busk: employers don’t pay for security screening time
Escriba v. Foster Poultry Farms, Inc.: employees expressly declining to use FMLA leave can be denied relief under statute
Anti-Bullying Law / Abusive Conduct Training (AB 2053)
Employers that are required to provide sexual harassment training must provide “abusive conduct” training as well
What is abusive conduct?
Law does not detail what the training should include, or how long the training should be
Question of whether this creates a new cause of action for “abusive conduct”
Additional IssuesSB 1087: Farm labor contractors mandated
to provide sexual harassment prevention trainings
AB 1443: Anti-discrimination protection for volunteers and interns
AB 1660: No discrimination for undocumented driver’s licenses
AB 2751: Immigration related protections
Additional IssuesVance v. Ball State: Clarification of when
employees are Title VII supervisors
University of Texas Southwestern Medical Center v. Nassar: Plaintiffs have a higher burden of proof in retaliation cases
Burwell v. Hobby Lobby Stores, Inc.: Employers are allowed to object to providing contraception for religious reasons
No Mandatory Arbitration of Hate Crimes (AB 2617)
Cannot require signing of arbitration agreement that waives right to sue under Ralph Civil Rights Act or Tom Bane Civil Rights Act
Businesses also cannot refuse to contract with others who refuse to waive these rights
Arbitration is Less Confidential (AB 802)
Requires large-scale arbitration providers to collect and publish certain details about consumer arbitration proceedings
Iskanian v. CLS Transportation Los Angeles: Exclusion of PAGA
Employer arbitration agreements with workers cannot bar claims brought under the Private Attorney General Act (PAGA)
USSC declined to review this CA Supreme Court decision
Shared Liability for Subcontractors (AB 1897)
Labor Code section 2810.3 Targets businesses that obtain workers to perform labor
within its “usual course of business” from a labor contractor
Businesses are now liable for their labor contractor’s failure to pay wages, provide worker’s compensation, or violation of other labor codes
Joint employment relationship
Ayala v. Antelope Valley Newspapers
Principal consideration for class certification in an independent contractor misclassification case is whether there is a common way to show the extent of the hirer’s “right to control” the workers
Key is not how much control is exercised, but how much right to exercise power is retained over the employee
Alexander v. FedEx Ground Package Sys., Inc.
FedEx drivers were improperly classified as independent contractors
Ninth Circuit held that the drivers were employees under California’s right-to-control test This test looked at the employer’s ability to control: the
appearance of drivers and vehicles, shifts, procedure for delivery, and so on
Company Procedure Issues AB 326: E-mails can be used to report injuries SB 1314: Expanded deadlines to appeal EDD
determinations AB 2536: Emergency rescue personnel allowed to
take time off for emergency duty White v. County of LA: Employer can order employee
to undergo 2nd re-evaluation of unfitness for duty Castaneda v. Ensign Group, Inc.: Parent corporations
may have liability for nonpayment of wages NLRB 29 CFR Parts 101, 102, 103: Rule changes for
expedited elections
Presented By:Treaver K. Hodson