October 15, 2020

Pay Data Reporting, Changes to Paid Sick Leave Use, and Other New Employment Laws

Pay Data Reporting, Changes to Paid Sick Leave Use, and Other New Employment Laws

The Legislature passed a number of bills that Governor Newsom signed into law at the end of last month, including additional employment-related bills. Below is a summary highlighting a few of those new employment laws. A more comprehensive list of the new laws can be found here:

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October 7, 2020

Liability for Unpaid Rest Breaks of Commission-Only and Piece-Rate Employees Clarified

Liability for Unpaid Rest Breaks of Commission-Only and Piece-Rate Employees Clarified


Over the past few years several Court decisions have held that employees who work under either piece-rate compensation or commission-only pay structures must be paid at least minimum wage for their non-productive time, including for their rest breaks. As one Court in Bluford v. Safeway Inc. (2013) 216 Cal.App.4th 864 explained, “rest periods must be separately compensated in a piece-rate system,” either under “the legal minimum wage or the contractual hourly rate.” Id. at 872. 
 

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October 2, 2020

Employee Leave Rights Expanded Under CFRA to Include Small Employers

Employee Leave Rights Expanded Under CFRA to Include Small Employers

Governor Newsom signed Senate Bill 1383 which expands the California Family Rights Act (CFRA) to require employers with five or more employees to provide up to 12 workweeks of unpaid protected leave during any 12-month period to an eligible employee (1) to bond with a new child, (2) to care for themselves, a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner, or (3) because of a qualifying exigency or call related to covered active duty of an employee’s spouse, domestic partner, child or parent in the U.S. Armed Forces.

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