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Bernstein & Friedland, P.C. – Los Angeles Employment Counsel – Legal Blog

A Resource for Los Angeles Area Employees and Employers Interested in Wrongful Termination, Discrimination, Harassment, Retaliation, and Unpaid Wage and Overtime News

CA Supreme Court Holds Employers Must Provide Non-Exempt Employees at Least One Day of Rest Each Workweek and Clarifies Other Day of Rest Rules

The California Labor Code entitles non-exempt employees to at least one day of rest every seven days. Specifically, Labor Code § 551 provides: “Every person employed in any occupation of labor is entitled to one day’s rest therefrom in seven.”  Similarly, Labor Code § 552 provides: “No employer of labor shall cause his employees to work more than six days in seven.” Labor Code § 556 provides an exception to these

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May 18, 2017

CA Supreme Court Holds Employers Cannot Require Employees to be “On-Call” During Legally Required 10-Minute Rest Breaks and Affirms $90 Million Judgment Against Security Company

A few weeks ago, the California Supreme Court in Augustus v. ABM Security Services, Inc. affirmed a $90 million judgment in favor of a class of more than 14,000 security guards, finding that their employer failed to provide legally compliant 10-minute rest breaks where the guards were required to remain “on call” during their breaks – they needed to keep their radios and pagers on, remain vigilant,

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January 4, 2017

New Year, New Employment Laws for California Employers

The California Legislature, local city councils, and other lawmakers have been busy over the last several months passing a number of laws that will impact the employment landscape.  Below is an overview of some of the key changes to be aware of as we head into 2017: 1.  New I-9 Form:  By January 21, 2017, employers must start using a new I-9 form prepared by the U.S.

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January 3, 2017

New CA Case Holds That Employer Should Have Accommodated Employee’s Scheduling Needs So That He Could Care For His Disabled Son

Does an employer need to reasonably accommodate an employee’s shift scheduling requirements to enable the employee to tend to the medical needs of his son?  The court in Castro-Ramirez v. Dependable Highway Express, Inc., 2 Cal. App. 5th 1028 (Aug. 29, 2016), answered that question “yes.” In this case, the plaintiff had informed his manager upon hire that he had daily obligations at home related to

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September 19, 2016

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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June 16, 2016

New Law Effective July 1, 2016 Increases Annual Paid Sick Days For Many Employees Working Within the City of LA to 48 Hours Per Year

As we blogged about here, on July 1, 2015, most California employers became legally obligated to provide their employees up to 3 days or 24 hours (whichever is greater) of paid sick leave per year pursuant to the Healthy Workplace Healthy Family Act.  The City of Los Angeles has now enacted its own ordinance increasing the amount of paid sick leave that must be made available

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June 14, 2016

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