Author: FerberLaw

Alert: An Employer’s Guide to Suitable Seating Compliance

By Julie Ann Giammona Most of California’s Industrial Welfare Commission (IWC) wage orders require that employees “shall be provided with suitable seats when the nature of the work reasonably permits the use of seats.” In 2016, for the first time, the California Supreme Court interpreted the IWC requirements to mean that employers must provide seats

Alert: Remote Work, the Labor Code, and the Increased Costs of Reimbursement

By Adam Nathaniel Arce and Julie Ann Giammona Labor Code section 2802 requires employers to reimburse employees for “all necessary expenditures or losses incurred by the employee as a direct consequence of the discharge of his or her duties, or of his or her obedience to the directions of the employer[.]” In laypersons’ terms, this

ALERT: SENATE BILL 331: SILENCED NO MORE

By Julie Ann Giammona Commencing January 1, 2019, California  employers were prevented from including provisions in severance agreements that prohibited an employee from disclosing facts about workplace harassment and discrimination based on gender.  Effective January 1, 2022, Senate Bill 331(SB 331), expands such prohibition to include the disclosure of facts related to claims of harassment

The Good, The Bad and The Ugly – Part 2: 2022 Employment Law Updates

Join us at Ferber Law’s Annual Employment Law Update. While the pandemic changed our personal and professional lives, there have also been significant changes in both federal and state law regarding COVID, supplemental paid sick leave, the California Family Rights Act, meal and rest break compensation, and 401k requirements as well as many others. It

CALIFORNIA COVID SUPPLEMENTAL PAID SICK LEAVE TO BE REINSTATED

by Adam N. Arce and Julie Ann Giammona The California State Legislature is on the cusp of enacting a law that will revive COVID Supplemental Paid Sick Leave (“SPSL”). While this bill has not yet been signed into law, it will likely go into effect shortly, and will be retroactive to January 1, 2022. As

Employment and You in 2022: California Laws and Regulations You Need to Know

The labor and employment legal landscape has changed in 2021. The California legislature and Governor Newsom have enacted many new labor and employment statutes that are important for all California employers to know, impacting key areas such as employee leave, arbitration, and Private Attorneys General Act (“PAGA”) claims. Below is a short summary of 11

ALERT: Wage Theft Equals Grand Theft

On September 27, 2021, Assembly Bill No. 1003 (“AB 1003”) was signed into law. AB 1003 makes the intentional “theft of wages” from an employee a form of “grand theft”, punishable by Penal Code Section 487m. Importantly, AB 1003 defines employee to include independent contractors, and employer to include the hiring entity of the independent

Updates on AB 51 and Its Effect on Arbitration Agreements in Employment Contracts

By Adam Nathaniel Arce Background: AB 51 In 2019, Governor Newsom signed into law California Assembly Bill 51 (“AB 51”). AB 51 has the following effects: Prohibits employers from requiring employees to sign arbitration agreements as a condition of employment, requiring instead that the arbitration agreement be entered into consensually by the parties. Prohibits retaliation

DIY for Business Podcast: Protecting Your Company with Guest Jon Babione

The best attorneys keep you out of lawsuits and are there for you if someone does file a complaint. Our goal is to help business owners set up policies to avoid lawsuits given new labor laws that are popping up, especially now with safety regulations and distributed workforces. Listen to the DIY for Business Podcast: