The material on this website is provided by Beeson, Tayer & Bodine for informational purposes only and does not constitute legal advice. Readers should consult with their own legal counsel before acting on any of the information presented. Some of the articles are updated periodically, and are marked with the date of the last update. Again, readers should consult with their own legal counsel for the most current information and to obtain professional advice before acting on any of the information presented.
Cash-in-Lieu of Benefits Payments Trigger Higher Overtime Pay
April 4, 2017 by Sarah Kanter
In a case that has far reaching implications for unions and workers, the Ninth Circuit ruled in Flores v. City of San Gabriel in June 2016, that when an employer calculates its employees’ “regular rate… Read More
Commissioned Employees Are Entitled to Paid Rest Breaks
March 27, 2017 by Christopher Hammer
A California court of appeal has ruled that commission-paid employees are entitled to no less than pay at the legally applicable minimum hourly wage rate for state-mandated rest breaks.California’s Labor Code and Wage Orders provide… Read More
You Say “Confer,” I Say “Consult.” Let’s Not Call the Whole Thing Off
March 17, 2017 by Andrew Baker
The Meyers-Milias-Brown Act imposes on covered public employers an obligation both to “meet and confer” and to “consult” with recognized employee unions. Do the different words mean there are two different bargaining obligations? Not really… Read More
Failure to Comply Strictly with Federal Credit Reporting Law Subjects Employer to Penalties
February 10, 2017 by Christopher Hammer
Employers routinely perform background checks on job applicants. The federal Fair Credit Reporting Act (FCRA) requires prospective employers to provide job applicants with written notice that the employer intends to obtain a “consumer report” on… Read More
2017 Legislative Update: Wage and Hour
February 2, 2017 by Peter McEntee
This legislative session, Governor Brown again signed into law several new labor and employment statutes. Many of the new laws this year expand enforcement tools and strengthen existing protections for employees in areas including leave… Read More
California Supreme Court Bans On-Call Rest Breaks
January 4, 2017 by Stephanie Platenkamp
The California Supreme Court on December 22, 2016, issued a decision upholding the right of employees to take a duty-free rest break. Augustus v. ABM Security Services, Inc.The case involved a challenge to ABM Security… Read More
New Cal-OSHA Rules Protect Health Care Workers
November 9, 2016 by Lorrie Bradley
On October 21, 2016, the California Division of Occupational Safety and Health (“Cal-OSHA”) approved new rules requiring employers to take steps to reduce workplace violence against health care workers.Cal-OSHA already requires all employers to develop… Read More
California Ready to Embark on Ambitious Employee Retirement Savings Program
October 17, 2016 by Andrew Baker
Signed by the Governor on September 29, SB 1234 creates the new California Secure Choice Retirement Savings Program, an opt-out, 401(k)-type savings plan for almost all California private-sector employees not already eligible for a retirement… Read More
Governor Brown Signs Legislation to Expand Overtime for Three Groups of Employees
October 10, 2016 by Peter McEntee
Governor Jerry Brown in September signed three union-supported bills to expand overtime protections for farmworkers, private school teachers, and domestic workers. All three of these new laws will help workers in these important occupations.Farmworkers AB… Read More
NLRB Rules CBA Expiration Bars Employers’ Discretionary, Unilateral Changes, No Matter What Past Practice Is
October 3, 2016 by Andrew Baker
When a union contract expires, so too does the management rights clause contained in that contract. Unilateral changes an employer may make in working conditions and terms of employment during the contract pursuant to the… Read More
