Blogs By: Scott Shibayama, Esq.

Federal immigration law makes it unlawful for employers (including those in California) to hire and retain workers who are not permitted to work in the United States (including within the state of California). California law under AB 263 makes it unlawful for California employers (all…Read More

Here’s another reason for California employers to know their California minimum wage obligations and to comply with them. For a while now, a failure to pay minimum wage carried with it the penalty of having to pay not only the minimum wages owed but “liquidated…Read More

Employees may file claims for wages and other Labor Code violations either in court or before the California Labor Commissioner, Division of Labor Standards Enforcement (DLSE).  If an employee elects to sue before the Labor Commissioner/DLSE, an administrative hearing is held.  The hearing is known…Read More

SB 434 amends Labor Code section 226.7 (formerly addressing rest and meal periods only) to add a new “recovery period” obligation on employers.  So like rest and meal periods, California employers are now required to provide “recovery periods.” A “recovery period” is defined as “a…Read More

Employee sues employer and wins.  Employee gets their attorneys’ fees in nearly all cases. Employee sues employer and loses, i.e. gets zero.  Employer doesn’t get their attorney’s fees in nearly all cases. One of lone exceptions to this uneven rule (as of 12/31/2013) used to…Read More

First, We Must Start With Saying This Law (And Title Of The Law) Is A Misnomer (That’s Why It’s In “Quotes”). The law provides for “Family Temporary Disability Insurance” (FTDI) which is intended to provide temporary wage replacement similar to State Disability Insurance (SDI).  Rather than for…Read More

The California legislature passed a host of new laws affecting employers in the sunny state of California.  Time to redo those budgets and employee handbooks. New Wage And Hour Laws For all California employers AB 10 increases the minimum wage to $9/hour (effective 7/1/2014) and then $10/hour (effective…Read More

The California legislature passed a number of bills effective 1/1/2014 affecting California employers.  Certain of these new employment and labor laws require the prudent employer to update their employee handbooks. Suggested handbook updates: AB 11 – Time Off For Reserve Peace Officers And Emergency Rescue Personnel Training…Read More

The employment relationship in California is governed by Labor Code section 2922.  Labor Code section 2922 states, “An employment, having no specified term, may be terminated at the will of either party on notice to the other.”  This is known as “at-will” employment. But an…Read More

California employers, did you know your employees owe you a duty of loyalty?  In California, there is not much you can do to prevent your employee from leaving to work for your competitor.  But while they are employed, they owe you a duty of loyalty…Read More