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Showing 3 posts in Labor Code.

The 12 Days of California Labor & Employment Series – Day 10: Civil Penalties for Unpaid Wages

It's the end of the year and while everyone is busy, employers in California should be aware of new laws and regulations that go into effect on January 1, 2020. In the spirit of the season, we are using the "12 days of the holidays" to blog about one California law daily and its impact on California employers. On the tenth day of the holidays, my labor and employment attorney gave to me: ten pipers piping and AB 673.

California law currently provides for a civil penalty to be imposed on employers who fail to pay the wages of an employee as provided in specified provisions of the Labor Code. Current law requires the Labor Commissioner to recover that penalty as part of a hearing held to recover unpaid wages and penalties or in an independent civil action. In the independent civil action, a specified percentage of the penalty recovered is to be paid into a fund within the Labor and Workforce Development Agency dedicated to educating employers about state labor laws, and the remainder be paid into the State Treasury to the credit of the General Fund. More ›

Department of Labor's Persuader Rule Convinces No One

Late last month, the Department of Labor published its "persuader" regulation final rule, which significantly strengthens a union's rights under the Labor Management Reporting and Disclosure Act ("LMDRA"). 

Generally, the LMDRA regulates the public reporting obligations of businesses seeking legal and non-legal counsel to oppose or manage relations with unions. A consultant, known as a "persuader," helps an employer navigate organizing drives and labor disputes. Before this final rule, The LMDRA required "direct" persuader activities to be reported, such as meetings between the persuader and employees, but exempted "indirect" activities, such as the preparation of materials for the employer to provide to its employees. More ›

Ninth Circuit Holds that DOL may Expand Regulation of Employers’ Tip Pooling Practices

The restaurant and gaming industry lost a battle in the Ninth Circuit over whether employers that pay their workers at least the minimum wage are subject to Department of Labor regulations restricting tip pooling arrangements. More ›

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