Significant New Employment Laws for 2021

As we look ahead to the new year, below is a summary of several updates to the employment laws in California, some of which have already gone into effect and others of which are effective January 1, 2021.  The following is an overview of some of the key changes California employers should be aware of, which will require handbook and/or policy updates to remain in

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U.S. Dept. of Labor Increases Minimum Salary Requirement for Certain Exempt Employees Effective December 1, 2016

The U.S. Department of Labor has published its Final Rule increasing the minimum salary that must be paid to employees classified as exempt under the executive, administrative, and professional exemptions to no less than $913 per week ($47,476 per year) effective December 1, 2016.  This is significantly higher than the $41,600 minimum annual salary ($800 per week) currently required by California law for an employee to retain

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California Passes Law Increasing the Minimum Wage

A new law increasing California’s minimum wage to $15 per hour applies to all businesses with employees in California – and not just to those employing minimum wage workers.  The law, available here, implements a phased approach to increasing the statewide minimum wage and distinguishes between employers with 26 or more employees and employers with 25 or fewer employees, giving these smaller employers one additional year to

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Unlicensed Law Clerk is Exempt from Overtime Pay, California Court of Appeal Finds

Under California law, employees fall within one of two classifications:  (1) nonexempt, hourly employees, who are entitled to overtime pay (and certain other benefits), or          (2) exempt, salaried employees, who are not entitled to overtime pay (or certain other benefits).  Because in many ways it is advantageous for employers to classify employees as exempt (so as to avoid paying overtime, keeping meticulous time

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Unlicensed Junior Accountants May Be Exempt Under California Law

In Campbell v. PricewaterhouseCoopers, LLP, 642 F.3d 820 (9th Cir. 2011), the Ninth Circuit considered whether 2,000 unlicensed accountants in California who had sued PricewaterhouseCoopers LLP were categorically ineligible to fall under two exemptions to California’s overtime laws—the professional exemption and the administrative exemption—and concluded that they were not, reversing the trial court’s grant of summary judgment in favor of the plaintiffs. The Court first explained

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