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On December 3, 2013, the Court of Appeal recently held in Horne v. International Union of Painters and Allied Trades, District Council 16 that a person who alleged he was racially discriminated against by a prospective employer could not establish a prima facie case of racial discrimination because of his prior drug conviction. The plaintiff…

The following is a summary of the new Labor Laws, most of which will take effect on January 1, 2014: The current $8-an-hour state minimum wage will increase to $9 on July 1, 2014, and to $10 per hour on Jan. 1, 2016. The Domestic Workers Bill of Rights will provide overtime wages for certain…

Starting on January 1, 2014, California employers will be required by law to provide their employees with a “recovery period,” which is defined to be a “cooldown period afforded an employee to prevent heat illness.” Under the new law, which amends Labor Code section 226.7, an employer who forces an employee to work during a…

Employers need to remember that California’s new minimum wage law will affect how they must pay their exempt employees, such as managers and admininstrators. In July 2014, the California minimum wage will increase to $9 per hour, and then to $10 per hour in January 2016. This law does not only affect how employers pay…

The Senate on November 4, 2013 advanced legislation banning workplace discrimination based on sexual orientation and gender identity — marking a victory for gay rights supporters despite the bill’s dim House prospects. The measure , known as the Employment Non-Discrimination Act of 2013 (S. 815) (“ENDA”), cleared a key test vote, 61 to 30. If…

Thanks to Governor Jerry Brown, 2014 is going to be a good year for personal attendants and minimum wage workers, along with workers who need paid leave to take care of non-immediate family members, with new laws that will take effect in the new year. 1) Under a bill that Governor Brown signed into law…

Employers who employ illegal aliens often use threats to report them to the USCIS for deportation in response to being sued for unpaid wages or to force them to work for below minimum wages. Starting in 2014, such employers will face stiff civil and criminal penalties. 1) SB 666 provides that an employer’s business license…

As reported by the San Jose Mercury News on September 30, 2013: Gov. Jerry Brown signed into law Wednesday a bill making California’s minimum wage the highest in the country — a needed step, he said, toward addressing the growing gap between rich and poor. “The social fabric is being ripped apart,” Brown told supporters…

The California Court of Appeal recently held this month in Alamo v. Practice Management Information that a wrongfully terminated employee must prove that illegal discrimination was a “substantial factor motivating” the termination of employment or other adverse employment action. This means that the defendant employer in such an action may use a “mixed-motive” defense by…

The recession has hit restaurant owners very hard. The last thing that anyone wants to do after losing their job is to eat out. Restaurants know this, and in order to survive, or at least continue making profits, a restaurant owner not only has to cut its food costs but also to cut its employee…