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Employment Archives

Employer Alert: SB 396 Expands Harassment Training Requirements

The Fair Employment and Housing Act ("FEHA") currently requires that employers with 50 or more employees provide sexual harassment training to all supervisory employees. This training must first take place within six months of promotion/hire to the supervisory position and must thereafter occur at least once every two years. Effective January 1, 2018, FEHA requires that such training also include training on harassment based on gender identity, gender expression, and sexual orientation.

An Exception to the Exception - The Special Errand Rule

In Morales-Simental v. Genentech, Inc., 2017 Cal. App. LEXIS 915, Plaintiffs and appellants Morales-Simental, et al. appealed from a summary judgment granted in favor of defendant and respondent Genentech, Inc.  Plaintiffs alleged they suffered injuries and sustained damages as a result of the negligence of Vincent Inte Ong, an employee of Genentech Inc., during a vehicle collision.  The issue was whether or not Ong was acting within the scope of his employment at the time of the collision.  The court looked to the doctrine of respondeat superior. 

Employees May Recover Penalties for Inadvertent Wage Statement Errors Without Any Showing of "Injury"

California Labor Code § 226(a) requires employers to provide accurate, itemized wage statements that show, among other things, gross and net wages earned, total hours worked, all applicable hourly rates, total deductions, the dates of the pay period, and the employee's name and the last four digits of his Social Security number or an employee identification number. § 226(e) entitles an employee bringing suit in his or her individual capacity to recover penalties of up to $4,000, plus attorney's fees and costs if he or she establishes that an employer "knowingly and intentionally" failed to comply with § 226(a) and that he or she suffered "injury" as a result.

California Fair Pay Act Seeks to Expand and Strengthen California Equal Pay Act of 1949

The California Equal Pay Act of 1949 was enacted to eliminate gender discrimination in the workplace by providing "equal pay for equal work." As of January 1, 2016 the California Fair Play Act amended the EPA taking an even more aggressive approach. The amendment now provides for equal pay for "substantially similar work" regardless of work title or work location. Though "substantially similar work" was not defined in the Act, the California Department of Industrial Relations indicated on their website that it means "work that is similar in skill, effort, responsibility, and performed under the same working conditions."

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