The Division of Labor Standards Enforcement (“DLSE” or “Labor Commissioner”) Enforcement Policies and Interpretations Manual (“Enforcement Manual”) summarizes the policies and interpretations which DLSE has followed and continues to follow. The Enforcement Manual was first released in 2002 and updated periodically. The DLSE revised sections of the Enforcement Manual in August 2019. To access the Enforcement Manual online, click here. […]

On June 19, 2019, Sutton Hague posted a blog post reviewing new Nevada employment legislation. The blog post included a discussion of Senate Bill 312, which takes effect on January 1, 2020, and requires Nevada private employers of 50 or more employees to provide paid time off (“PTO”), which must accrue at a rate of no less than 0.01923 hours […]

Governor Gavin Newsome has signed SB 142 into law, which amends Labor Code sections 1030 and 1033 and adds section 1034 pertaining to an employer’s duty to accommodate lactating parents with regards to time and location. California’s Lactation Accommodation law requires employers to develop and implement a lactation accommodation policy complaint with SB 142, including the employee’s right to file […]

  California’s Fair Employment and Housing Council (“FEHC”) adopted new regulations focused on preventing national origin discrimination, which into effect July 1, 2018. These new regulations are extensive and include clarifications on the definitions of “national origin” and “national origin groups,” the permissible and prohibited 1) types of employer policies governing language restrictions (i.e., English only policies) in the workplace, […]

Everyone Into the (Tip) Pool! Congress recently rolled back a 2011 U.S. Department of Labor (“DOL”) regulation that restricted the scope of employer-required tip pools. The 2011 regulation limited tip pools to employees who “customarily and regularly receive tips” for the work they perform. Under the regulation, waiters, waitresses, bellhops, counter personnel (who serve customers), bussers, and service bartenders could […]

This past weekend, Oakland’s Mayor Libby Schaff warned of imminent U.S. Immigration and Customs Enforcement (“ICE”) activity in the San Francisco Bay Area.  Mayor Schaff’s announcement was made after ICE agents issued Notices of Inspection to approximately 77 restaurants and other businesses in Northern California during the first week of February 2018.  News outlets are reporting that more than 150 […]

The protections afforded to lesbian, gay, bisexual, transgender and gender non-conforming individuals are increasing both at the state and federal level.  In October 2017, Governor Brown signed SB 396, which requires California employers to include training on gender identity, gender expression and sexual orientation as part of its legally-mandated harassment prevention training.  On November 16, 2017, the Equal Employment Opportunity […]

On September 10, 2014, California Governor Jerry Brown signed into law the Healthy Workplaces, Healthy Families Act of 2014. This Act entitles employees to paid sick days for certain purposes. Employers must be in compliance with the Act no later than July 1, 2015. The Act states an employee must receive the following rights: One hour of sick time for […]

On Sept. 10, 2014, Gov. Brown signed AB 1522 which will require California employers to provide paid sick leave to employees. The new law goes into effect July 1, 2015. In Alexander v. FedEx, (Aug. 27, 2014), the Ninth Circuit Court of Appeals held that FedEx’s contracted drivers where employees even though FedEx’s policies arguably gave the drivers a great […]

Nevada law defines a “workday” as “a period of 24 consecutive hours which begins when the employee begins work.” When applicable, daily overtime must be calculated accordingly. Centralized control of leave administration within a company is critical for consistency. When a harassment complaint is received, immediate interim measures must be taken. A company must carefully select supervisors and make sure […]