Safe Harbor from Class-Based Waiting Time and Wage Statement Penalties for Employers with “Good Faith Disputes” That Meal or Rest Period Premiums Were Owed — the Latest Chapter in the Naranjo Saga

Almost exactly one year ago, the California Supreme Court issued its decision in Gustavo Naranjo v Spectrum Security Services, Inc. (“Naranjo”), reviewing a decision by the Second Appellate District (the “Appellate Court”) in 2019. As we discussed in our California Employment News episode at that time (available here on YouTube, or here on our podcast) and here on our blog, the Supreme Court’s decision opened the flood-gates for employees to recover waiting-time and wage statement penalties whenever meal or rest period premiums went unpaid. This ruling immediately hyper-inflating the value of many wage and hour class actions across the state. On remand, the Appellate Court halted this inflation in some instances by clarifying that such penalties are not available to a class of employees where the employer has a good faith dispute that the premiums were due.

Will Working from Home Become A Statutorily Protected Right?

The California Legislature is considering whether employees who are currently working from home have a right to continue to do so until the employer provides advance written notice of the need to return to the workplace. Senate Bill (SB) 731, introduced by Senator Ashby, is making its way through the Legislative committee process and was set for hearing on May 18, 2023.

Deadline Approaching: Form I-9 Virtual Inspection of Employment Authorization and Identity Documents will End on July 31, 2023

Employers with remote workforces should take note that they will need to begin physically inspecting new hires’ I-9 documentation again as of August 1, 2023 – and they will need to conduct a physical inspection of employees’ documents that were only virtually inspected during the COVID-19 pandemic.

The U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced earlier this month that employers will have 30 days to reach compliance with Form I-9 requirements after the “COVID-19 flexibilities” sunset on July 31, 2023.

Employers Beware: California Bill Could More than Double the Mandatory Paid Sick Leave Available to California Employees!

Currently, California employees, with certain exceptions, are entitled to three days or 24 hours of paid sick leave. Employers can choose to have a paid sick leave policy that provides all of the hours at one time or, the amount of available paid sick leave an employee has can accrue, where employees earn sick leave over time and any unused sick leave can carry over into the next year of employment. With accrual, employees must earn at least one hour of paid sick leave for every 30 hours of work. Employers can also use a different accrual method so long as an employee has no less than 24 hours of accrued sick leave or paid time off by the 120th calendar day of employment or each calendar year, or in each 12-month period. As to limits, an employer can limit an employee’s use of paid sick leave to 24 hours or three days during a year and can also limit or cap the overall amount of sick leave an employee may accrue to 6 days or 48 hours.

The Temperatures are Rising… Are New Regulations Coming With it?

California’s Occupational Safety and Health Standards Board (Cal/OSHA) recently announced plans to implement new standards that would apply to indoor places of employment when the temperature reaches at least 82 degrees Fahrenheit when employees are present. Cal/OSHA already strictly regulates outdoor workplaces as the heat rises. These new proposed regulations come after five years of development, and would require (among other things) that:

Fair Workweeks for Retail Workers in Los Angeles

The city of Los Angeles recently passed the Los Angeles Fair Work Week Ordinance, which largely stemmed from the findings as to unpredictability of work schedules in the retail industry. Specifically, it was determined that approximately “77 percent of retail workers receive less than one week notice of their schedules or changes to their schedules” and that such unpredictability created extensive socioeconomic burdens on workers of large retail businesses. The Ordinance can be found here.

Impact of the NLRB’s McLaren Macomb Decision on Confidentiality and Non-Disparagement Provisions in Severance Agreements

Section 7(a) of the NLRA Applies to More Than Just CBA Employees

In general, Section 7 of the National Labor Relations Act (“NLRA”) provides employees nationwide with certain rights relating to organizing with other employees and collective bargaining, whether or not they are subject to collective bargaining agreements (“CBAs”). These rights include the right to self-organize; join or assist labor organizations; cooperate in NLRB investigations; and engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection, including criticizing employer policies and discussing severance, wages and other terms and conditions of employment with co-workers and former co-workers.

Happy International Women’s Day – Now Wait Another 300 Years for Equality! Wait, What?

That’s right, you read it correctly, another 300 years!  The United Nations Secretary General told the Commission on the Status of Women on March 7, 2023, that gender equality is “300 years away.” The statement was based on statistics from UN Women, an organization dedicated to the study of the status of women and girls around the world, and the advancement of gender equality and empowerment of women. According to UN Women, girls and women represent half of the world’s population and, therefore, also half of its potential. However, statistics show that there is a long way to go to achieve full equality of rights and opportunities between men and women.