Monthly Archives: September 2016

Legal Update: October 19 in Modesto

I’m one of the speakers at the Central Valley Human Resources Management Association’s Fall Conference!!!!!!!  You can register and read more here.

I’ve spoken at this event in the past – and it is always a really well done event.  Great presentations, great atmosphere, wonderful attendees.  I highly recommend it!

I hope to see you there!

More For Your New-Hire Packet: Notices to Employees about DV Protections

AB 2337 was signed into law this week, and requires employers to add another document to their new hire packet.

Currently, an employer cannot fire or in any other matter discriminate or retaliate against an employee who is a victim of domestic violence, sexual assault, or stalking for taking time off from work for specified purposes related to addressing the domestic violence, sexual assault, or stalking.  (Who would do that, you ask? You’d be surprised!)

In addition, current law provides that if an employee is (mis)treated in this way, she or he is entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer, as well as appropriate equitable relief, and is allowed to file a complaint with the Labor Commissioner.

Under the new law, employers must actually let employees know of these rights (in a little more detail than many already do).  Notice must be provided upon hire and to other employees upon request.

By July 1, 2017, the Labor Commissioner is to develop a form employers may use to comply with the new rules.  Employers can wait to start distributing such notices until the Labor Commissioner posts the sample form.

California’s farmworkers will soon get to enjoy the payment of overtime after an 8 hour day (like almost everyone else).

California farmworkers are currently exempt from the rule that requires overtime be paid for work over 8 hours in a day or 40 in a week.  Instead, farmworkers are currently paid overtime if they work more than 10 hours in a day or 60 hours in a week.

This morning, Governor Jerry Brown signed into law Assembly Bill 1066.  The law will slowly remove the provisions that make farmworkers exempt from the rules regarding hours, meal breaks, and other working conditions, including specified wage requirements.  It also provides for the overtime changes to be phased in over four years: starting in 2019, OT kicks in at 9 ½ hours; in 2020, it is at 9 hours; 2021 at 8 ½ hours and in 2020, 8 hours.   Double-time will begin at the 12th hour.   Employers who employ 25 or fewer employees will have an additional 3 years to comply with the phasing-in of the overtime requirements.

For more information, please click here.