In this episode of California Employment News, Weintraub Tobin attorneys Shauna Correia and Meagan Bainbridge discuss SB 261, a new law that strengthens enforcement of California wage judgments. Learn about the new public database for unpaid judgments, triple penalties for late payment, and mandatory attorney’s fees for enforcement.

Watch this episode on the Weintraub YouTube channel.



Show Notes:

Shauna: Thank you for joining us for this installment of the California Employment News, an informative video and podcast resource offered by the Labor and Employment group at Weintraub Tobin. My name is Shauna Correia. I'm the practice group leader, and I'm joined today with my partner, Meagan Bainbridge. Today we'll be talking about Labor Code enforcement tools that were recently greenlighted by Governor Newsom. Meagan, can you start us off by providing some background on this new law?

Meagan: Yeah. So, for context, if a judgment is issued against a defendant employer for a wage claim filed by an employee before the Labor Commissioner, under the current Labor Code, what have the proceedings under the Labor Code and Civil Code allowed for simple interest to accrue on a judgment until that judgment is paid. However, the legislature believed that this was not a strong enough incentive to promptly pay judgments owed or to deter employers from violating the Labor Code in the first place. So, Shauna, do you want to kind of talk through what the new regulations allow for and what those tools being provided are?

Shauna: So the stated intent behind SB261 is to provide these additional tools to enhance enforcement and collection of wage judgments in order to ensure victims of wage theft are paid in a timely manner. And so the new law, as enacted, requires the creation of a public database of employers who have unsatisfied wage judgments against them. And that would be searchable online in order to increase accountability. Megan, this new law will also provide some new penalties to incentivize prompt payment of judgments, right? Yeah.

Meagan: So, a new labor code section, section 238.05, is being added that allows for a civil penalty of up to three times the judgment, plus accrued post-judgment interest for non-payment of any judgment that remains outstanding for more than 180 days after the deadline to appeal has passed. 50% of this penalty will go to the employee. The other 50% will go to the Division of Labor Standards Enforcement. And the new law also makes mandatory an award of attorney's fees and cost to the employee or the public prosecutor, whoever has to enforce the judgment. Well, those are some powerful enforcement incentives.

Now, there is a way for employers to avoid these penalties even if they were delinquent in paying a judgment, which is that if they work with the employee and they reach an accord as outlined in Labor Code Section 238 prior to the deadline, and they comply with the terms of the agreement, such as if it calls for installment payments, then that the penalty would not be imposed. Thanks, Shauna. And that's it for now. You can continue to find our video series and podcast through the lelawblog.com on the Weintraub Tobin YouTube channel or wherever you listen to your favorite podcasts. Thank you everyone for joining us and we look forward to reconnecting on the next edition of California Employment News.

Shauna: We'll see you then. Thanks.

California’s new AI regulations will take effect on October 1, 2025, impacting how employers can use automated tools in hiring, recruitment, and beyond. In this episode of California Employment News, Weintraub attorneys Meagan Bainbridge and Shauna Correia break down what the rules mean, the risks of noncompliance, and the steps employers can take to stay compliant.

Watch this episode on the Weintraub YouTube channel.

Another year, another minimum wage raise. In this episode of California Employment News, Weintraub attorneys Chris Horsley and Nikki Mahmoudi expand on updates to state and local wage increases and cover key cities like Santa Monica, City and County of Los Angeles.


Watch this episode on YouTube. Other Relevant Videos:


CA Local Minimum Wage Updates
California Wage Compliance – Avoiding Legal Pitfalls
California’s New Healthcare Minimum Wage

In this episode of California Employment News, Weintraub attorneys Ryan Abernethy and Talia Delanoy revisit the complexities of the regular rate of pay—a frequent issue in wage and hour class actions. From bonuses and shift differentials to common employer mistakes, they break down what must (and must not) be included in calculations, and the costly risks of getting it wrong.

Watch this episode on the Weintraub YouTube channel.



Show Notes:

Ryan: Hello, everyone, and thank you for joining us for this installment of California Employment News, an informative video and podcast resource offered by the Labor and Employment Group here at Weintraub Tobin. My name is Ryan Abernethy, and I'm a shareholder in the firm's Labor and Employment Group. I'm joined today by my partner, Talia Delanoy, who is new to our group, and this is her inaugural episode.

We're happy to have her join our team here. Over three years ago now, Lukas Clary and I spoke with you about the regular rate of pay. But since the regular rate of pay is such a prevalent issue that is increasingly featured in Wage and Hour class actions that we're seeing pouring in. We wanted to revisit that topic today.

Talia, why don't you start us off by giving us a refresher with some basic information about the regular rate of pay, what it is exactly, and what needs to be included within it.

Talia: Yes, absolutely. Thank you, Ryan. Most employers assume that the base rate of pay and employees regular hourly rate is all they need to think about when they calculate overtime and double-time. They just take the base rate of pay, multiply it by one and a half for overtime or two for double time, and that's it. Unfortunately, the calculation isn't that simple. The regular rate of pay, which is different from the base rate of pay, actually includes additional income such as non-discretionary bonuses, shift differentials, which is like additional pay when you have an employee use an undesirable schedule or for a weekend or overnight work, piece rate compensation, such as payment per box of fruit picked, or even commissions. Employers need to add to have all of these types of income in addition to the employee's base hourly rate before calculating both overtime, double time, sick pay, and meal and rest period premium payments. To make this even more complicated, the law requires one calculation for a flat sum bonus, such as $50 paid for weekend work, and another calculation for production bonuses, such as an employee who might earn 5% of all sales in a given month.

Talia: Let's Let me give you a quick example. If you're paying an employee a flat-sum bonus, here's the example. Your employee earns $16 per hour and works 40 straight-time hours and four overtime hours on Saturday. The straight The overtime payment is simple. $16 times 40 hours equals $640. The overtime payment, $24 an hour times 4 hours equals $96. Now, the employee has paid the $50 bonus for working on Saturday. Now you need to calculate the overtime compensation due on the bonus. Now this is where the math comes in. You take $50 in bonus, you divide it by the 40 hours of straight time hours worked, and this gets you $1. 25, which is the per hour value of the bonus. Now you take that $1. 25, you multiply it by 1. 5 for the overtime, and you get $1 87. 5. This is the bonus overtime value per hour. Now you have to actually figure out how much of that goes to the overtime. You take the $1. 87. 5 times the 4 hours of overtime the employee worked, and you get $7. 50. This is the overtime due on the bonus. This is the part that most employers miss.

Talia: When you add all of that up, the total straight time pay, the total overtime pay, the $50 flat sum bonus, and that $7. 50 over time owed on the bonus, you get a total of $793. 50.

Ryan: Well, thank you, Talia.

Whether setting pay for a new hire or adjusting compensation for a current employee, employers must navigate a range of legal considerations. In this episode of California Employment News, Weintraub employment attorneys Meagan Bainbridge and Nikki Mahmoudi share key reminders to help employers stay compliant with California’s complex wage and hour laws.

Watch this episode on the Weintraub YouTube channel.



Show Notes:

Meagan:
Hello, everyone. Thank you for joining us for this installment of the California Employment News, an informative video and podcast resource offered by the Labor and Employment Group at Weintraub To. My name is Meagan Bainbridge, and I'm a shareholder in the Firm's group. Today, I'm joined by my colleague, Nikki Mahmoudi, and we're talking about what are important considerations for employers when deciding what to pay an employee.

In California, deciding an employee's pay requires careful consideration of various factors, including the legal requirements and, of course, business needs and best practices. First, employer should determine their business needs and decide who it is that they need to hire and come up with a job description consistent with those needs. Employer should then review the job description developed for the position and correctly classify the employee as exempt or non-exempt. If you're not sure what that is, in our archives, there's many podcasts and video resources talking about what the difference is between an exempt and a non-exempt employee is. If it is an exempt position, employer should then ensure that the position meets the exempt salary requirements. If non-exempt, then employer should require, at a minimum, that that position meets the state's minimum wage requirements.

Nikki:
Once the pay is determined, employer should ensure that they are complying with California's Pay Transparency Laws, which, among other things, requires the following: Pay Scale Disclosures and job postings. As of January first, 2023, employers with 15 or more employees must include the pay scale, which includes either a salary or an hourly wage range. In all job postings, including remote positions that could be filled with California residents. This information must be included in the job posting itself. You can't just include a link or a QR code that will take them to another page. You must also to provide a pay scale to current employees. Employers are required to provide current employees with a pay scale for any position upon request. Finally, there's a prohibition against salary history inquiries. It's illegal to ask a job applicant about their salary history in determining whether to make an offer to an applicant and what that offer is. Employers may inquire as to a particular applicant's salary expectations. It just can't be linked with the previous pay. Nikki, what else should employers consider when setting an employee's pay?

Meagan:
Let's talk a little bit about fair pay. Under Labor Code Section 1197. 5, which can apply to public and private employers, an employer will not pay any of its employees at wage rates less than the rates paid to employees of the opposite sex, another race, or ethnicity for substantially similar work when viewed as a composite of skill, effort, and responsibility and performed under similar working conditions. Except where the employer demonstrates the wage differential is based upon one or more of the following factors which we're going to talk about, which must be applied reasonably. Different factors that we're going to discuss must account for the entire wage differential. Those include a seniority system, a merit system, a system that measures earnings by quantity or quality of production, a bonafide factor other than sex, race, or ethnicity, such as education, training, or experience. Now,

Some California cities have raised their local minimum wage above the state rate of $16.50. In this episode of California Employment News, Weintraub Tobin attorneys Nikki Mahmoudi and Chris Horsley cover key updates in cities like San Francisco, Berkeley, Emeryville, and Alameda.

Watch this episode on the Weintraub YouTube channel.



Show Notes:

Nikki: Hi, everyone. Thank you for joining us for this installment of the California Employment News, an informative video and podcast resource offered by the Labor Employment Group here at Weintraub Tobin. My name is Nikki Mahmoudi, and I'm an associate in the Firm's Labor and Employment Group. And today, I'm joined by my colleague, Chris Horsley.

Today, we're going to be providing a quick minimum wage update at the local level. So, we're midway through the year a little bit more than that. And so at this point, California has not updated their minimum wage for 2026. We're just providing an update on some local jurisdictions that have.

So, starting July first, 2025, some local jurisdictions in California have increased their minimum wage beyond the state's required rate of $16. 50. Now, note, when a jurisdiction has a minimum wage and it's higher than the state minimum wage, we want to go with that number. Another consideration to keep in mind is that there's also specific minimum wage rates for certain workers. That includes certain fast food workers and certain health care workers. We've actually previously done CENs about those minimum wage increases, and we'll make sure to leave those CN links for you in the description box.

Keeping that in mind, Chris, can you give me an idea of some of the general minimum wage increases we've seen at the local level?

Chris: Of course. I can give you a few examples in Northern California. As of July first, 2025, both San Francisco and Berkeley have increased their minimum wage to $19.18 per hour. Then in Emreville, we have among the highest minimum wage in the state of California with a minimum wage of around $19.90 per hour. Finally, we have Alameda, who has recently increased their minimum wage from $17 to $17.46 per hour. Remember, if any of these numbers are higher than the state minimum wage, we want to go with that number instead. That's it for now.

You can continue to find our video series through thelelawblog.com or on the Weintraub Tobin YouTube channel.

Thank you everyone for joining us, and we look forward to reconnecting with you in the next edition of California Employment News.

In this episode of California Employment News, Lizbeth (Beth) West and Meagan Bainbridge present part four of the Workplace Investigation Series, discussing best practices for effectively memorializing the investigation in a report.



Watch this episode on the Weintraub YouTube channel. You can also watch part one, part two, or part three of this series.

In this featured episode of California Employment News, Lizbeth (Beth) West and Meagan Bainbridge present part three of the Workplace Investigation Series, discussing how to make reasonable investigative findings once all evidence is collected.




Watch this episode on the Weintraub YouTube channel here or listen to this podcast episode here. You can also watch part one and part two of this series.

In this featured episode of California Employment News, Lizbeth (Beth) West and Meagan Bainbridge present part two of the Workplace Investigation Series, discussing best practices for collecting information during a workplace investigation.

Watch this episode on the Weintraub YouTube channel and find the first installment of this series here.



Meagan: Hello, everyone. Thank you for joining us for this installment of the California Employment News, an informative video resource offered by the Labor and Employment Group at Weintraub Tobin.

My name is Megan Bainbridge, and I'm a shareholder in the Labor and Employment Group. And today, I'm joined by my partner, Beth West. Today's episode is part two of a four-part series discussing effective and defensible workplace investigations. In the first part of the series, Today, we discussed what steps to take when an employer first learns of a complaint or has knowledge of some alleged misconduct in the workplace. Today, in part two, we're going to discuss best practices for gathering information. Beth, why don't you start us off and tell us what investigator should do first to ensure they gather all relevant facts about the allegations.

Beth: Thanks, Megan. Well, in order to conduct an effective investigation, the investigator must gather all relevant facts about the allegation. There are some planning The following steps that you as the investigator can take in order to stay focused on the issues within the scope of the investigation and avoid what is called scope creep, which we'll discuss later. First, create a plan before you begin interviewing witnesses. If there is a written complaint, you can use that as a starting place, a roadmap or blueprint of the issues that define the scope of what's going to be investigated. This can also help identify which witnesses to talk to first and what if any, may need to be reviewed prior to interviewing witnesses. If there's no written complaint, discuss the verbal complaint or concerns that have been raised with the client or stakeholder, and prepare a scope outline or memo to ensure that the scope of the investigation is clear. Determine your initial witness list, but don't be wed to it. As you speak to witnesses or gather information, other witnesses may be identified that you'll have to interview. Determine what documents need to be obtained and you're going to obtain those.

You may be able to request some of the documents from the client or stakeholder, for example, an org chart or policies or some other company document. However, some documents may come directly from the witnesses that you interview. You should also carefully consider whether you need to view certain documents. For example, is it necessary to do a full review of the complainant or respondent's personnel file? The allegations and scope of the investigation will help determine this, but investigators should not make it a standard practice to review personnel files and other documents that aren't apparently relevant. Doing so could potentially influence the investigator in a way that's not appropriate and could result in bias. Create an outline of the issues, the topics, or the questions for your witness interviews. Again, it's not a script and you shouldn't be wed to it. Instead, it should contain the overall topics to address with the witnesses based on the allegations within the scope. Remember to always consider scope, what it is you're trying to investigate, what information you're trying to obtain. It's important to check in on scope at the planning stage and throughout the investigation and be aware of what's called scope creep.

Scope creep happens when you start focusing on issues and investigating allegations that are not within the scope of the investigation. Finally, consider where the witness interviews take place.

In this episode of California Employment News, Lizbeth (Beth) West and Meagan Bainbridge present part one of the Workplace Investigation Series, discussing how to start an investigation following an employee complaint.

Watch this episode on the Weintraub YouTube channel.

 

In this edition of California Employment News, Meagan Bainbridge and Nikki Mahmoudi break down the basics of California paydays — from the timing of wage payments, payday considerations, and posting obligations. Whether you're an HR pro or a business owner, this is a must-know compliance topic.

Watch this episode on the Weintraub YouTube channel.

 


Show Notes:
Meagan: Hello, everyone. Thank you for joining us for this installment at the California Employment News, an informative video and podcast resource offered by the Labor and Employment Group at Weintraub Tobin.

My name is Meagan Bainbridge, and I'm a shareholder in the firm's labor and employment group. Today, I'm joined by my associate, Nikki Mahmoudi. Today, we'll be talking about the basics of employed paydays. Nikki, can you start us off?

Nikki: Of course. The California Labor Code is specific about the timing of wage payments and the regularity of paydays. All wages, with some exceptions, earned by an employee are due and payable twice during each calendar month on days designated advanced by the employer as regular paydays. So generally, labor performed between the first and 15th of the month is going to be paid for between the 16th and the 26th day of the month during which the labor was performed. Then labor performed between the 16th and last day of the month of any calendar month will be paid for between the first and the 10th day of that following month. With that said, employers don't have to use that twice a monthly schedule. They can choose to pay employees weekly, bi weekly, or even semi monthly. By designating a regularly scheduled payday with payment within seven calendar days of the end of the pay period during which wages were earned. When it comes to exempt employees, and we're talking about executive, administrative, and professional employees of employers covered by the Fair Labor and Standards Act, their salaries may be paid once a month on or before the 26th day of the month during which the labor was performed.

Meagan: If that entire month's salary, including any unearned portion between the payment and the last day of the month are paid at that time. Then when it comes to overtime payments, and here we're talking about your non-exempt employees, generally, with some exceptions, payment of overtime wages earned in one pay pay period can be delayed until no later than that next pay period. Note, this is only going to be for the payment of overtime wages. So straight time wages must be paid within the times we discussed. If an employer chooses to pay overtime in this manner, they have to make sure on the wage statement to, one, itemize that overtime payment as a correction, and two, the correction is going to state the inclusive dates of the pay period for which the employer is correcting its initial report of how the payday has worked. Megan, can you give us a quick overview on other considerations employers should keep in mind with paydays?

Nikki: Yeah, sure. Let's start with circumstances in which a payday falls on a holiday or a weekend. Generally, if an employer is closed on a payday that falls on a Saturday or Sunday or a holiday listed in the California Government Code, that employer can pay wages the next business day. For example, if a regularly scheduled payday falls on the 20th of the month, and that happens to be a Sunday, the wages for payroll period may be paid that Monday. With that said, it's always helpful to talk to your counsel to ensure you're timely paying your employees. Another question I get a lot from employers is whether they can change their paydays. The answer is generally yes. As long as you're still complying with the labor code requirements and you do provide advanced notice. But at any point you're considering to change the pay date schedule, there's not necessarily a specific law requiring a part...

In this installment of California Employment News, Ryan Abernethy and Nikki Mahmoudi provide an essential overview of California’s Fair Chance Act—also known as the Ban the Box law. Learn what employers need to know about using criminal history in hiring decisions.

Watch this episode on the Weintraub YouTube channel.



Show Notes:

Ryan: Hello, everyone, and thank you for joining us for this installment of California Employment News, an informative video and podcast resource offered by the Labor and Employment Group here at Weintraub Tobin. My name is Ryan Abernethy, and I'm a shareholder here at Weintraub Tobin. I'm joined here today with Nikki Mahmoudi, who is one of our great associate attorneys in the firm's Labor and Employment Group.

We are here today to discuss a general overview of California's Fair Chance Act or the Ban the Box law, which restricts employers' use of criminal background checks for hiring decisions here in California. There are many features to this Ban the Box law, so this installment of the California Employment News will be a general overview and not an exhaustive review of all of its nuances. So, nick, you want to kick us off, and if you could briefly describe California's Ban the Box law, and specifically got its name.

Nikki: Of course. As Ryan mentioned, here in California, the Fair Chance Act, otherwise known as the Banned the Box law, provides guidelines to employers on how to properly consider criminal history and employment decisions. Why is it called Ban the box. It's because the law aims to remove the check box that was commonly included on job applications, which ask applicants to disclose whether they had a criminal record. The law requires employers with five or more employees, with a few exceptions, to to follow certain procedures when requesting and using criminal history information for pre-hired purposes. Specifically, regardless of the source of the criminal history information, employers must do the five following steps. The first, Two, is wait until a conditional job offer is made before asking applicants questions about criminal history or using criminal history information to inform their hiring decisions. Two, if the employer discovers the applicant has a conviction history, the employer must conduct an individualized assessment of the applicant's conviction to determine whether it has a direct and adverse relationship with the specific duties of the job that justify denying the applicant the position. There are certain factors the ban the box law requires employers to consider in their individual assessments that we'll discuss later.

Three, the employer must notify the applicant of any potential adverse action based on the conviction history. The notice must identify the conviction, include a copy of any conviction history report, regardless of the source, and state the deadline for the applicant to provide additional information such as evidence of inaccuracy, rehabilitation, or other mitigating circumstances. Four, the employer must give the individual at least five business days from the individual's receipt of the pre-adverse action to respond to the employer's preliminary notice. Now, if within Five business days, the applicant notifies the employer in writing that the applicant disputes the conviction history's report's accuracy and is taking steps to obtain evidence, then the employer must give the applicant an additional five days to respond. Five, the employer must consider all the evidence submitted by the individual and notify the applicant of any final adverse action, any existing procedure the applicant has to take to challenge the decision or request consideration, and the applicant's right to file a complaint with the California Civil Rights Department. Ryan, can you tell us a bit about what type of positions are not restricted by the ban the box law,

Tune in to the latest edition of California Employment News, where Meagan Bainbridge and Nikki Mahmoudi dive into LA County's Fair Work Week Ordinance. Learn about key protections for retail workers, including scheduling rights, premium pay for schedule changes, and more.

Watch this episode on the Weintraub YouTube channel.



Show Notes:

Meagan: Hello, everyone. Thank you for joining us for this installment of the California Employment News, an informative video and podcast resource offered by the Labor and Employment Group at Weintraub Tobin. My name is Meagan Bainbridge. I'm a shareholder in the Firm's Labor and Employment Group, and today I'm joined by my associate, Nikki Mahmoudi.

Today, we'll be talking about LA County's Fair Work Week Ordinance, which is set to take place on July first, 2025. This legislation will provide covered employees with various protections related to their work schedules and working hours. Nikki, could you please provide us with some background information regarding the ordinance?

Nikki: Of course. So this ordinance will apply to retail businesses in the unincorporated areas of LA County that have at least 300 employees globally. When we're talking about globally, this is going to include franchises and those employed through temporary staffing agencies. Covered employees will consist of employees as such businesses who, one, qualify for minimum wage, two, perform at least two hours of work in a work week in the unincorporated areas of Los Angeles County for a retail employer, and three, are assigned a primary work location and duties that support retail operations, including but not limited to a retail store or warehouse. Why protections for these specific employees? The LA County explained this ordinance is meant to meaningfully support its retail workers who often are paid low wages and work unpredictable schedules with little or no advanced notice. Meagan, could you tell us some of the protections under the Fair Work Week ordinance?

Meagan: Sure. Well, the first thing employers should familiarize themselves with is the Good Faith Estimate of Work Schedule Principle. Here, employers are required to provide workers with a written good faith estimate of their work schedule before hiring and within 10 days of a current employee's request. This is defined as a reasonable fact-based prediction of an existing retail employee's work schedule or a prospective retail employee's prior hours worked by a similarly situated retail employee or other similar information. While a good faith estimate is not a binding contract, Correct. If an employee's actual hours, days, location, or shifts work substantially deviate from that good faith estimate, the retail employer must have a documented, legitimate business reason, unknown at the time of providing the good faith estimate to substantially deviate from the plan. Further, while the ordinance provides that covered employees have the right to request a preference for certain hours, times, or locations of work, employers may accept or decline those requests, provided that the employer notifies the employee in writing of the reason for any denial. Finally, employers are required to provide employees with advanced notice of their work schedule at least 14 calendar days before the start of the work period.

Nikki: Employers can provide notice by posting the schedule in a conspicuous and accessible place in the workplace, by electronic means, or in person. It's worth noting that any changes to the work schedules must be provided, and employees have the right to decline the hour, shifts, or work location changes not included in the original schedule. If the changes are agreed upon, the changes must be agreed to in writing and in advance of the change. Nikki, other protections are part of the fair work requirements?

In this episode of California Employment News, Meagan Bainbridge and Ryan Abernethy break down the latest PAGA reforms and what employers need to know to reduce penalties and stay compliant. From new cure opportunities to proactive audits, they cover actionable steps to protect your business.

Watch this episode on the Weintraub YouTube channel.



Show Notes:

Meagan:
Hello, everyone. Thank you for joining us for this installment of California Employment News, an informative video and podcast resource offered by the Labor & Employment Group at Weintraub Tobin. My name is Meagan Bainbridge, and I'm a shareholder in the firm's Labor & Employment Group. And today, I'm joined by my partner, Ryan Abernethy. As we recap for you, a recent seminar we presented on discussing how employers should respond to that dreaded PAGA letter.

Ryan, can you remind us what the current state of PAGA is?

Ryan:
Sure thing, Megan. Yeah. So as many of you probably already know, there were some massive PAGA reforms back in July of 2024 that were actually mostly employer-friendly, provided the employers actively took advantage of the new opportunities. Later in the year, in October of 2024, the LWDA gave us some more information about these new options that we'll discuss here. Some of these beneficial changes for employers include things like, for instance, there's no more stacking for certain derivative penalties for certain violations. This way, employers are less likely to get buried in snowballing penalties for relatively minor violations. In addition, penalties are determined by pay period. Employers who paid weekly could be subject to double liability simply because they generously paid their employees every week. Under the reform, penalties are now reduced by 50% by employers who pay weekly. Perhaps most significant were the enhanced cure opportunities that the new Paga reforms present for employers. To cure just means to rectify the violation by, for example, paying for an unpaid wage or fixing an incorrect wage statement. So under the old PAGA, employers had the opportunity to cure only a limited number of violations within a very narrow 33-day window after they received the Paga notice.

Now, employers can reduce their penalties by up to 85% if they can show that they took all reasonable steps to maintain compliance with the labor code before they received the PAGA notice. So this change is really exponential essentially increased the value of taking proactive measures to become labor code compliant right away. Such steps could include manager trainings and payroll audits, which Megan will discuss in greater detail later on this episode. In addition, employers can now see a reduction in PAGA Penalties by 70% by taking all reasonable steps to remedy a violation within 60 days after they were served with a PAGA notice. Now, even if the LWDA decides to investigate the PAGA allegations, the employer can still cure the violations during the 120-day notice period and avoid penalties that way as well. Small employers, which is defined as those with fewer than 100 employees, can also now submit a cure plan within 33 days after receiving the Paga notice. This is different than actually effectuating the cure. All they have to do is propose a plan during that time. Then a conference will then be set to evaluate the sufficiency of the proposed cure, and the employer has 45 days after that plan is approved to complete the cure.

So, Meagan, with that, can you tell us more about steps employers can take right now to limit their pocket liability in the future?

Meagan:
Yeah. Well, the receipt of a pocket letter is a great opportunity for employers to audit their employment policies to ensure compliance with California's wage and hour laws. The purpose of the self-audit is to identify and correct issues to redu...

Weintraub Attorneys Nikki Mahmoudi and Tomiwa Aina discuss the essential documentation and paperwork employers need to provide when an employment relationship ends. From final paychecks to COBRA notices and WARN Act requirements, this episode of California Employment News provides key insights to help employers stay compliant.
Watch this episode on the Weintraub YouTube channel.



Show Notes:
Nikki: Hi, everyone. Thank you for joining us for this installment of California Employment News, an informative video and podcast resource offered by the Labor and Employment Group here at Weintraub Tobin. My name is Nikki, and I'm an associate in the group, and I'm joined by my fellow associate, Tomiwa Aina. In previous CEN, we've talked about termination of the employment relationship. Today, Tomiwa and I are going to discuss documentation and paperwork employers will want to provide employees when the employment relationship ends. Please note, this is only a general overview and may not necessarily be exhaustive of all documentation employers are required to provide their employees. Tomi, did you want to start us off by talking about employees' final paycheck?
Tomiwa: Yes. Thank you, Nikki. Regardless of how the employment relationship ends, whether that's because the employee resigned from their employment, the employer terminated the employee, or there was a reduction in force, you will have to provide an employee with their final paycheck, including all earned wages, any accrued vacation, or paid time off. But note that the timing of when the employee receives their final paycheck can depend. For example, an employee without a written employment contract for a definite period of time who quits without given 72 hours prior notice to their employer must be paid all of their wages, including accrued vacation within 72 hours of quitting. Whereas an employee who gives at least 72 hours’ notice prior to their quitting and quits on the day that they have given in the notice must be paid all their wages at the time of their quitting. Similarly, employees who are discharged must be paid all wages due at time of termination. Nikki, can you tell us generally about some documents that employers will want to provide to their employees?
Nikki: Yeah, of course. I'm happy to provide some general ideas of documents employers will want to provide, as we said at the beginning of the video, this may not be exhaustive. It's just some things you'll want to consider. When employees are involuntarily terminated, and by that we mean they're discharged or there's a layoff, the company must give immediate written notice to the employee of a change in the employment relationship under unemployment insurance code section 1089. Now, that notice must contain certain information. That's going to include the employer's name. Another thing you will want to provide is the name of the person to contact at the company if the Employment Department division, otherwise known as the EDD, needs further information. You'll also want to provide the employee's name, their Social Security number, the type of action, so whether that's a voluntary quit, layoff, termination, etc, and the date of the action. With this notice, you'll give a copy to the employee and then retain a copy for your records. An employee must be given a copy of the notice no later than the effective date of termination. Employers can request that the employee sign acknowledgement of receipt of the notice, but you are not required to do so by law. Continuing on that on the topic of discharger laid off employees, the employer must provide the employee with Employment Development Department Pamphlet DE-2320, which that will explain to employees their rights to unemployment insurance, state disability insurance, and paid family leave. This must be distributed no later than the effective date of that termination or layoff. Now,

Recent legal developments have impacted drug and alcohol policy enforcement in the workplace. In this episode of California Employment News, Weintraub Labor & Employment attorneys Lizbeth “Beth” West and Ryan Abernathy provide an overview of the latest legal updates, best practices for implementing these policies, and how they apply to remote workers.

Watch this episode on the Weintraub YouTube channel.


Show Notes:
Ryan: Hello, everyone, and thank you for joining us on this installment of California Employment News, an informative video resource offered by the Labor and Employment Group here at Weintraub Tobin. My name is Ryan Abernethy. I'm joined today by my partner, the Distinguished Beth West. For today's episode, we'll be discussing some developments in the area of drug and alcohol policy enforcement in the workplace and how to best implement those policies with remote workers. Beth, why don't you start us off and tell us about the current state of the law regarding cannabis use in the workplace.

Beth: Thanks, Ryan. Even though federal law still classifies cannabis, also called marijuana, as an illegal controlled substance, many of you probably know the use of medical and recreational marijuana is legal for adults in California. Because marijuana use is legal in California, most, but not all employees have certain employment protections now for the legal off-duty use of marijuana. Pursuant to A. B. 2188 and S. B. 700, which are codified in our California Government Code and went into effect January first of 2024, California employers with five or more employees may not request information about prior cannabis use from an applicant for employment or use any information obtained about prior use from a criminal background check when making hiring decisions. Also, covered employers may not make any employment decisions, including hiring, termination, or any other decision regarding the terms and conditions of employment, or penalize current employees because of the employee's lawful use of cannabis off the job and away from the workplace. There are exceptions to this. An employer is permitted to make those decisions if they are required to do so under applicable law. For example, employers in the construction industry or those that are subject to federal background or security clearance obligations.

However, employers can still mandate that employees not report to work under the influence of cannabis or possess or use cannabis during work hours, which would include during meal and rest periods or at any work location or work event, including while driving for work. Employers can still conduct post-offer pre-employment drug screens for applicants and also conduct drug tests for current employees in certain situations. However, there are limits and requirements under the law when they do so. I'm going to turn this over to Ryan now, who will discuss employer policies in drug testing.

Ryan: Thanks, Beth. Given this new cannabis law, the next question that naturally arises is, to what extent can companies test their employees for the use of cannabis and other drugs in the workplace? Off the top, it's important to note that random drug testing is almost never permissible in California. But for job applicants, employers can conduct post-offer, pre-employment drug screens, including for marijuana, and can deny employment if the test is positive for what's called psychoactive THC. Even if the applicant was legally using the marijuana, medicinally or recreationally. For current employees, California law prohibits an employee from taking adverse action against an employee on the basis of drug test results showing only non-Psychoactive cannabis metabolites. We're going to use that term a lot here. What that is, a non-Psychoactive cannabis metabolite, those are substances in a person's hair, in their blood, urine,

California expands employee rights for victims of violence: new leave policies and protections under AB 2499 take effect Jan 1. Weintraub attorneys Meagan Bainbridge and Shauna Correia discuss what employers need to know to update their policies in the latest installment of California Employment News.

Watch this episode on the Weintraub YouTube channel.



Show Notes:

Meagan:
Hello, everyone. Thank you for joining us for this installment of California Employment News. My name is Meagan Bainbridge, and I'm a shareholder in the Weintraub Tobin Labor and Employment department.  And with me today is one of my partners, Shauna Correia. As you likely know, in California, employees who are victims of certain crimes and domestic violence have the right to take unpaid time off work when they need it, such as to get medical or legal help or to attend court proceedings. Today, we're going to discuss Assembly Bill 2499, which expands this leave and requires additional accommodations for California employees who either are victims of qualifying acts of violence or who have family members who are victims. Shauna, can you remind listeners about the scope of the law that was in effect prior to the passage of AB 2499?

 

Shauna:
Labor Code Section 230 applied to all employers, regardless of size, and it prohibited employers from discharging or discriminating against an employee because of their status as a victim of a crime or abuse. It prohibited employers basically from discharging or discriminating against employees for taking time off to appear in court as a witness related to the crime or to obtain certain kinds of relief, like obtaining a restraining order or helping ensure the health, safety, or welfare of the victim or their child. Then, Section 230 also required employers to provide reasonable accommodations if the employee was a victim of domestic violence, sexual assault, or stalking, and they required an accommodation for the safety of the victim while they were at work unless it was an undo hardship. Labor Code Section 230.1 also imposed additional requirements and prohibitions on larger employers that have 25 or more employees. And those employers could not discharge or discriminate against employees taking time off for four reasons, basically seeking medical attention for injuries that were caused by a crime or abuse, or to obtain services such as from a domestic violence shelter or rape crisis center, or to obtain psychological counseling or mental health services for the crime, and then finally to participate in safety planning and take actions to increase safety from future crimes or abuse.

And then the companion to that would be the paid sick leave Labor Code Section 246.5 requires employers to allow employees to use their paid sick leave days on their request if they're a victim of domestic violence, stalking, or sexual assault, and they need time off for those reasons.

Meagan:
Yeah, that's right. Can you explain what has changed?

 

Shauna:
Sure. The first more procedural change is that these laws were moved out of the Labor Code and recodified underneath the umbrella of the Fair Implement and Housing Act. The importance of that is really a couple of things. One is the new rules will be enforced by the California Civil Rights Department, which enforces the Fair Implement and Housing Act for FIHA. This provides mechanisms for employees to bring civil actions in court rather than having them enforced by the Division of Labor Standards Enforcement, which is primarily responsible for enforcing wage and hour laws. So it makes some sense to move this statute there. But importantly, some of the definitions, and I'll get into this in a little bit, but the rules for the leaves and accommodations now are going to more closely resemble the types of rules emplo...

New changes to employment law are coming in 2025! Weintraub Labor and Employment attorneys Shauna Correia and Meagan Bainbridge give you an overview on what you need to know to stay compliant in the latest episode of California Employment News.

Watch this episode on the Weintraub YouTube channel here.


Show Notes:
Shauna
Hello, everyone. Thank you for joining us for this installment of the California Employment News, an informative video and podcast resource offered by the Labor and Employment Group at Weintraub, Tobin. I'm Shauna Correia, a shareholder in the Labor & Employment Group here at Weintraub, and I'm joined today by my partner, Meagan Bainbridge. We're recapping some of the information that we covered at a recent seminar on some of the changes in employment law for California going into 2025. Meagan, what's one bill that you've been talking to your clients about?

Meagan
Well, one bill I feel like I haven't heard as widely discussed as others is SB 1100, which prohibits a job advertisement posting application or other employment material from stating that an applicant must have a driver's license unless there is a reasonable expectation that driving is a function of the position and that an alternative form of transportation cannot suffice. Generally, an alternative form of transportation can include, but is not limited to ride-hauling services such as Uber or Lyft, carpooling, biking, walking, that thing. In order to establish one of these alternative forms of transportation does not suffice, the employer should be prepared to establish that the alternative form would not be comparable in either cost or time. It's important for all employers to review their applications and job postings to ensure compliance with this new bill.

Shauna
Are there any other documents you're suggesting that your clients review?

Meagan
Well, there's a slight change to the Paid Family Leave Benefits Act, which employers should probably be aware of. Effective January 1, 2025, the employer's ability to require employees to use up to two weeks of company-provided vacation before they can start receiving their PFL benefits paid by the state has been eliminated. Employers should review their leave policies and ensure that those policies do not currently require the use of paid vacation prior to receiving any PFL benefits.

Shauna
Okay. Can you give us one more bill that you think is important for employers to be aware of going into the new year?

Meagan
Well, yeah. So, California employers will be required to replace two posters in the new year. Effective January 1st, there's a new posting requirement with respect to the worker's compensation notice, which essentially adds language regarding the applicant's right to an attorney and explains how those attorneys' fees will be paid. A new posting requirement for the notice also describes employee rights and responsibilities under the current Whistleblower Act. Starting January 1, 2025, employers will be required to post the specific notice that's been drafted by the labor commissioner outlining these rights and responsibilities. Employers should work to obtain the worker's compensation notice from their worker's compensation carrier and then monitor the labor commissioners' website for its publication of the new rights and Responsibilities notice.

Shauna
Well, thanks, Megan. I appreciate the updates on those items. And please subscribe to our blog, www.thelelawblog.com, for updates on this and other recent California changes in the law and other employment law topics. Thanks for watching this episode of the California Implement News.

Big changes for CA healthcare workers! New minimum wage rates are in effect, with increases rolling out as of October 16, 2024. Weintraub attorneys Nikki Mahmoudi and Jacqueline Simonovich make sure you're up to date with the change on the latest episode of California Employment News.

Watch this episode on the Weintraub YouTube channel.


Show Notes:
Nikki Mahmoudi:
Hi, everyone. Thank you for joining us for this installment of California Employment News, an informative video and podcast resource offered by the labor and employment group here at Weintraub Tobin. My name is Nikki and I'm an associate in the firm's labor and employment group. And today I'm joined by my fellow associate, Jackie Simonovich. So, a few weeks ago on October 29th, we had our CEN talking about minimum wage increases for 2025. Today we're going to talk about the healthcare minimum wage that went into effect on October 16, 2024. Jackie, could you please start us off?

Jacqueline Simonovich:
Yeah, thanks, Nikki. So recently, legislation was enacted that increased the minimum wage for workers of certain healthcare employers. And this increase went into effect on October 16, 2024. So to receive this increase, workers must meet two criteria. First, they have to work for certain healthcare facilities as those are defined in the new law, and they have to provide healthcare services or provide services supporting the provision of healthcare. Now, healthcare facilities are defined in the law to include hospitals and hospital systems, care and residential settings, physicians groups, county mental health facilities, county correctional facilities or jails, mental health rehabilitation centers, outpatient clinics and clinics providing primary care. And the law provides specific definitions for each of those facilities as well. One important thing to note is that any healthcare worker providing services for a healthcare facility owned, controlled or operated by the state of California is not entitled to the minimum wage increase. However, healthcare workers providing services for a political subdivision of California, so that's a county, a municipality, municipality, a healthcare district, or the University of California system are covered by the law, so they can get the minimum wage increase. So the second criteria for workers to qualify for the minimum wage increase is that they have to provide healthcare services or services supporting the provision of healthcare.

What does this mean? Well, these are patient care related services, and they include services you might immediately associate with patient care, like nursing, caregiving services provided by medical residents, and other technical services, and then also services you might not immediately associate with patient care, like janitorial work, housekeeping, groundskeeping, guard duties, office work, food services, laundry, medical coding and billing, call center work, warehouse work, scheduling, and even working in a hospital gift shop. So, Nikki, what exactly is the minimum wage increase?

Nikki Mahmoudi:
Yeah, let's get into that. So the amount of the minimum wage increase varies across the different facilities and will increase in phases with the first phase starting on October 16, 2024. Some examples of this wage schedule are, for instance, with hospital or integrated health systems with 10,000 or more full time employees, and that includes skilled nursing facilities operated by those employers. The Minimum wage schedule would be as follows. So from October 16, 2024 to June 30, 2025, it would be $23 an hour. Then from July 1, 2025 to June 30th, 2026, it would be $24 an hour. From July 1, 2026 to December 31, 2027, it would be $25 an hour. And then starting January 1, 2028, it would be adjusted for inflation each year. Similarly, with intermittent clinics, community clinics, rural health clinics,

Another year is drawing closer, and with it comes another minimum wage increase for California. Nikki Mahmoudi and Tomiwa Aina review the expected minimum wage increases for 2025 in this episode of California Employment News.

Watch this episode on the Weintraub YouTube channel.

 


Show Notes:
Nikki:
Hi, everyone. Thank you for joining us for this installment of California Employment News, an informative video and podcast resource offered by the Labor and Employment Group here at Weintraub Tobin. My name is Nikki Mahmoudi, and I'm an associate in the group, and I'm joined by my fellow associate, Tomiwa Aina. So another year has come by with another minimum wage increase. So today we're going to be talking about the minimum wage increases seeing for 2025 so far. As of January 1, 2025, California's minimum wage will increase from $16 an hour to $16.50. The reason for this being is once the state minimum wage hit $15 an hour, the minimum wage rate has been adjusted annually for inflation based on the National Consumer Price Index for urban wage earners and clinical workers. A few things to note with that is the minimum wage cannot be lowered even if there's a negative consumer price index. At the same time, the highest raise allowed in any one year is 3.5%. Another thing you want to keep in mind is sometimes, let's say a jurisdiction is going to have a higher wage than the state minimum wage. We want to go with that higher minimum wage number. Additionally, certain industries may also have a higher minimum wage. Tomiwa, could you tell me more about examples where we're seeing that higher minimum wage?

Tomiwa:
Of course, Nikki. As of July 1, 2024, certain localities have increased their minimum wage. For example, in Alameda, it was increased to $17 per hour. Emeryville increased their minimum wage to $19 and 36 cents per hour. Santa Monica increased it to $17.27 per hour, and San Francisco increased it to $18.67 per hour. There are also minimum wages that are specific to industries. For example, there is a higher minimum wage for certain fast food workers that's been effective as of April 1, 2024, and that requires them to be paid at least $20 per hour. Then as of October 16, 2024, certain healthcare workers are going to be eligible to receive a higher minimum wage compared to the state minimum wage. You can expect a CEN episode dedicated just to that increase. Thank you very much all. That's it for now. You can continue to find our video series and podcast through the LElawblog.com or on Weintraub Tobin's YouTube channel. Thank you everyone for joining us, and we look forward to reconnecting with you with the next edition of California Employment News.