Three years ago, California voters approved Proposition 22, the “Protect App-Based Drivers and Services Act,” which allowed app-based rideshare and delivery companies to hire drivers as independent contractors if certain conditions were met. This week the California Court of Appeal mostly upheld the Proposition as constitutional.

Proposition 22 went into effect in 2021 and was quickly challenged in California…

On February 19, 2023, San Francisco’s Private Sector Military Leave Pay Protection Act took effect.  The ordinance requires covered employers to provide supplemental pay to an employee while on leave for military duty for up to 30 days in a calendar year.

San Francisco’s Office of Labor Standards Enforcement has issued Implementation Guidance to assist employers with compliance. The guidance…

On March 3, 2023, the Cal/OSHA Standards Board published notice of proposed revised regulations pertaining to workplace exposure to lead for the general industry and construction safety orders.

In its Initial Statement of Reasons for the revisions, the Board indicates that the existing requirements are based on lead toxicity information and medical and epidemiological data that is now more than…

In May 2022, the California Supreme Court issued its decision in Naranjo v. Spectrum Security Systems, which considered the issue of whether failing to pay premium wages for meal and rest period violations gave rise to claims for waiting time penalties or violations of wage statement requirements.

The underlying action was a class action brought by former and current…

This year, employers in California have updated pay data reports to submit to the state’s Civil Rights Department (CRD).  Senate Bill (SB) 1162, passed in 2022, updated previous employee pay data reporting obligations and created an entirely new obligation to pay data reporting related to “employees hired through labor contractors.”  This year, these pay data reports are due by…

It is well-known that California law is often more strict than federal law. Just as California handles overtime differently than the federal Fair Labor Standards Act (FLSA), California law also treats aspects of overtime exemptions differently than the FLSA. One such difference is the Outside Salesperson exemption.

Under the FLSA, an outside sales employee is exempt if they meet the…

While the State of California and several cities across the state increased their minimum wages on January 1, 2023, some cities—including the City of Los Angeles—will increase their minimum wage in July 2023.

On February 1, 2023, the City of Los Angeles Office of Wage Standards announced the coming increase for July 1, 2023. Based upon the Consumer Price…