Which California Employment-Related Bills Were Signed Into Law And Which Ones Did Not Make The Cut?

by Lizbeth (Beth) V. West
The Labor & Employment Law Blog

Well September 30, 2018 has come and gone.  As my September 19, 2018 article indicated, that was the deadline for Governor Brown to either sign or veto a large number of employment-related bills passed by the California Legislature during the 2017-2018 Term.  Out of the 21 employment-related bills I summarized in my September 19th article, 12 were signed into law, and 9 were vetoed.  Below is a list of the new laws California employers must comply with,

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California Law Now Provides an Express Statutory Privilege Against Defamation Claims by Those Accused of Sexual Harassment

by Lizbeth (Beth) V. West
The IP Law Blog

Under California law, an aggrieved person can bring a claim for defamation if the person is the subject of a false and unprivileged statement that is injurious to his/her reputation. Defamation can take the form of libel or slander. (Ca. Civ. Code Sec. 44.) Specifically “libel” is defined as a false and unprivileged publication by writing, printing, picture, effigy, or other fixed representation to the eye, which exposes any person to hatred, contempt, ridicule, or obloquy,

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Weintraub Tobin Shareholder Shauna Correia to speak at California Restaurant Association Legal Center Roadshow

Topics include: Tip Pooling, Service Charge, Surcharge, Sick Leave, Meal + Rest Best Practices, New Regulations for Applicants & More

Tuesday, June 12th – Oakland
Tuesday, June 12th – San Jose
Tuesday, June 13th – Santa Cruz

For more info, please visit the California Restaurant Association event page here: http://californiarestaurantcaassoc.weblinkconnect.com/events

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Fourth Edition of California Leave Law: A Practical Guide for Employers, co-authored by Weintraub Tobin Shareholder, Lizbeth ("Beth") V. West

Fourth Edition of California Leave Law: A Practical Guide for Employers, co-authored by Weintraub Tobin Shareholder, Lizbeth (“Beth”) V. West, and published by Matthew Bender (LexisNexis), now available.

Book Highlights:

  • A full explanation of federal and state leave laws.
  • Tips on how to navigate the complex issues surrounding family leave, disability accommodation leave, pregnancy disability leave, and various other leaves of absence.

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PAGA Amendments Not the Solution Employers Need

The Labor & Employment Law Blog

By: Jessica Shoendeist

California employers hoped for significant changes following Governor Brown’s budget proposal that called for the Labor and Workforce Development Agency (LWDA) to have more oversight of claims made under the Private Attorneys General Act of 2004 (PAGA).   The budget proposal noted that the departments tasked with investigation and enforcement of the Labor Code has never “had the staffing and resources to effectively review notices, or choose cases for further investigation.”  This is especially true given that the notices are currently being reviewed by a single employee.

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Georgia Protects Small Businesses From Joint Employer Liability

by Lizbeth (Beth) V. West
The Labor & Employment Law Blog

On May 3, 2016 the Governor of Georgia signed Senate Bill (SB) 277 to amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated.  SB 277 is a very brief and succinct bill that adds the following Section 34-1-9 to Title 34:

Notwithstanding any order issued by the federal government or any agreement entered into with the federal government by a franchisor or a franchisee, neither a franchisee nor a franchisee’s employee shall be deemed to be an employee of the franchisor for any purpose.”

SB 277 becomes effective on January 1,

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Employee Requests For Payroll Records: Haste Makes, er, a Hash of Things

by Charles L. Post
The Labor & Employment Law Blog

Conventional wisdom notwithstanding, employers are people or, if they are not, they are staffed by people. People often take short cuts. HR workers are no different from anybody else.  They are prone to take the shortest distance between two points.  It may be for that reason that I am increasingly seeing employers make a common error in responding to employee requests for “payroll records”. Labor Code section 226, among other things, requires an employer who receives a written or oral request (from a current or former employee) to inspect or copy records to comply with the request “as soon as practicable,” but no later than 21 calendar days of the request.

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OSHA Penalties For Health & Safety Violations Are Going Way Up Starting August 1, 2016

by Lizbeth (Beth) V. West
The Labor & Employment Law Blog

In November 2015, Congress enacted legislation requiring federal agencies to adjust their civil penalties to account for inflation. The Department of Labor (DOL) adjusted penalties for its agencies, including the Occupational Safety and Health Administration (OSHA).

OSHA’s maximum penalties, which were last adjusted in 1990, will increase by 78%. Going forward, the agency will continue to adjust its penalties for inflation each year based on the Consumer Price Index.

The new penalties will take effect after August 1,

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