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Employees Who Settle, Dismiss Individual Claims Can Still Bring PAGA Lawsuits

Yesterday, the California Supreme Court ruled that employees that settle and dismiss individual Labor Code violation claims against employers can still pursue a claim under the Private Attorneys General Act (PAGA), a statute that deputizes them to enforce violations on behalf of the state. Before the PAGA, only the state’s Labor Commissioner, not employees, could …

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Medical Proof of Disability Needed to Start Accommodation Process

One of my employees who has been with the company for a few years (and who was about to get written up for failing to complete projects in a timely manner) came to me and said she needed more time to complete her work because she’s dyslexic. I asked her to provide me a doctor’s …

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Accommodating Pregnant Employees in Potentially Risky Workplaces

We have a pregnant employee working in the plant where there are a lot of chemical exposures. Her doctor has not restricted or limited her work duties, but we are concerned about her exposure to these chemicals. What are our options? First, make sure her doctor is fully aware of the issues in the plant. …

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Cal/OSHA Renews Emergency Wildfire Smoke Regulations

This year’s dry, windy winter has government agencies predicting a quicker start to wildfire season. As you may recall, last summer, the California Division of Occupational Safety and Health (Cal/OSHA) enacted emergency wildfire smoke regulations designed to protect outdoor employees as a response to the severe wildfire seasons of the past few years. The emergency …

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Employers Must Pay Workers for Security Screening Time, California Supreme Court Rules

Today, the California Supreme Court ruled that Apple must pay employees for time they spend undergoing security screening of personal items after clocking out at the end of their shift — a question the Ninth Circuit Court of Appeal asked the California Supreme Court to answer more than two years ago (Frlekin v. Apple, Inc., No. S243805 (February 13, …

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‘Super Bowl Fever’ Sweeps Through Workplaces

Look around at your co-workers today, because, on Monday, it’s very likely several of them won’t be at work. Yes, “Super Bowl Fever” will sweep through offices next Monday, February 3. An estimated 17.5 million workers plan to miss work that day, according to the 2020 Super Bowl Fever Survey commissioned by The Workforce Institute at Kronos …

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Exempt vs. Nonexempt: Not All Managers’ Duties Are Managerial

In California, employees who work more than eight hours in a day or 40 hours in a week are entitled to overtime pay. However, there are several exemptions to the overtime law, permitting employers to pay certain categories of employees a flat salary without overtime wages. One such exemption is for executives, who are typically …

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New California FEHA Regulations ‘Clarify’ Definition of Employer

Heads up, employers — new Fair Employment and Housing Act (FEHA) regulations are now effective. In June 2019, the Fair Employment and Housing Council (FEHC) approved new regulations, which primarily seek to “clarify” the definition of employer that will determine when to apply the FEHA including the FEHA’s harassment prevention training requirements. Definition of Employer …

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How Deadline Extension Affects Timing of Harassment Training

I just read that the Governor signed a new law that changes the timing for the new sexual harassment training. What are the new deadlines for getting my employees trained? For many years, employers with 50 or more employees were required to provide supervisors with two hours of sexual harassment prevention training every two years. …

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