All Things Newz
Law \ Legal

Original Equipment Suppliers: Be Careful If Expanding Into California – Employee Benefits & Compensation



To print this article, all you need is to be registered or login on Mondaq.com.

In a recent meeting with the Original Equipment Suppliers
Association (“OESA”), manufacturing human resources
representatives were surprised to learn how different California
employment laws are from the laws in the rest of the United States.
Below is a summary of what laws most surprised the attendees:

  • California has daily as well as weekly overtime rules;

  • California requires employers to pay employees premium pay for
    missed lunch and rest breaks;

  • California has very specific rules regarding itemized pay
    statements and final paychecks;

  • California is still operating under its Emergency Temporary
    COVID-19 standards;

  • California has mandatory paid sick leave;

  • California still has COVID-19 Supplemental Paid Sick
    Leave;

  • California has paid family leave as well as paid disability
    leave;

  • California mandates harassment training for all employees;

  • California does not recognize most non-compete provisions;
    and

  • California’s Private Attorneys General Act of 2004, Cal.
    Lab. Code § 2698 et seq. (“PAGA”),
    authorizes “any ‘aggrieved employee’ to initiate an
    action against a former employer ‘on behalf of himself or
    herself and other current or former employees to obtain civil
    penalties that previously could have been recovered only by the
    State in a Labor and Workforce Development Agency (LWDA)
    enforcement action.” See Viking River Cruises, Inc. v.
    Moriana
    , No. 20-1573, 2022 U.S. LEXIS 2940, *9 (June 15, 2022)
    (citing Cal. Lab. Code Ann. 2699(a)). Under PAGA, “[a]n
    employee who alleges he or she suffered a single violation is
    entitled to use that violation as a gateway to assert a potentially
    limitless number of other violations” suffered by other
    employees in a representative action. Id. at *12.

If your company is expanding its operations to California, it is
imperative that you consult a California employment lawyer to make
sure you do not get hit with expensive fines and lawsuits as a
result of California’s novel employment laws.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.

POPULAR ARTICLES ON: Employment and HR from United States

Keys To Effective BYOD Policies

ORBA

In today’s fast-paced technological world, almost all workers have a mobile phone, tablet or laptop. Salespeople, customer service reps and managers may travel for work, or work from home, and use these types of…



Source link

Related posts

The Nexus Between Big Data And Competition Law – Antitrust, EU Competition

Los Angeles Superior Court Decision May Disrupt Local Governments’ Land Use Practices – Real Estate

INVESTOR CONTROL RIGHTS: WHAT IT MEANS FOR START-UPS AND THEIR FOUNDERS – Shareholders