I'm sure you can read all about the Supreme Court's decision on the ADA elsewhere.
The Governor is starting to face some blowback from his (over?) use of emergency regulations. The Times reports.
AB 879 (DLSE procedures) was referred to the committee on Labor & Employment.
SB 101 (pay stub rules) was amended on 3/14, mostly clarifications.
SB 174 (minimum wage) is set for hearing in committee on 4/13.
SB 285 (termination pay) is set for heaing in commitee on 4/13.
3/20/2005
Thank You to Assemblyman Torrico
I would like to write a brief thank you here to Assemblyman Torrico, and his staff (especially Lennies Gutierrez) for responding to my questions about AB 879.
CLEL will have a report on the bill soon; I'm trying to get comment from some other organizations at this point.
CLEL will have a report on the bill soon; I'm trying to get comment from some other organizations at this point.
3/18/2005
SB 382 Track; Teachers Work-To-Rule
CLEL will be tracking the as-yet unwritten SB 382 which proposes to reclassify all orchestral players as independent contractors, since CLEL serves on the board of the local symphony. CLEL's initial take is that this bill is DOA, but we'll see.
The teachers' "work-to-rule" strike, which started in Berkeley and how now spread to the San Fernando Valley, may spread to the entire LA School District. The LA Daily News reports.
(Has anyone else heard of stike where the workers' tactic was to do only what the employer bargained for in the contract? If you're familiar at all with all of the extra work done by teachers, you realize that the sad truth is, if the teachers only fulfill their contracts, education will come to a screeching halt.
The teachers' "work-to-rule" strike, which started in Berkeley and how now spread to the San Fernando Valley, may spread to the entire LA School District. The LA Daily News reports.
(Has anyone else heard of stike where the workers' tactic was to do only what the employer bargained for in the contract? If you're familiar at all with all of the extra work done by teachers, you realize that the sad truth is, if the teachers only fulfill their contracts, education will come to a screeching halt.
3/15/2005
Economic downturn?
UCLA forecasters say the economy will cool as the housing boom flattens. The Sacramento Bee reports.
3/14/2005
AB 879 Analysis
Here's the money section of the bill:
I'm going to ask for comment from the bills' authors. I will post it here.
SEC. 2. Section 98.2 of the Labor Code is amended to read:Apparently, the staff in Sacramento didn't have the safe iron-fisted drafting professor I did! Cross-referencing sections! Bad! Anyway, this, along, with AB 1311 may signal a shift in the mind of the Legislature towards treating the DLSE hearings as more like a specialized court. If this is so, will the evidence rules become more formalized?
98.2. (a)WithinExcept as provided in subdivision (b), within 10 days after service of notice of an order, decision, or awardthe parties, any party may seek review by filing an appeal to the superior court, where the appeal shall be heard de novo. A copy of the appeal request shall be served upon the Labor Commissioner by the appellant. For purposes of computing the 10-day period after service, Section
1013 of the Code of Civil Procedure is applicable.
(b) Notwithstanding subdivision (a), a party who has failed to file an answer, to attend the administrative hearing, and to seek administrative relief pursuant to subdivision (f) of Section 98, shall not obtain a de novo hearing on appeal, but the superior court shall review the administrative order, decision, or award for an abuse of discretion only, unless the court finds that the appellant is entitled to relief in accordance with Sections 473 or 473.5 of theCode of Civil Procedure.
I'm going to ask for comment from the bills' authors. I will post it here.
New rules on hiring undocumented workers?
The San Diego Union Tribune reports on a new proposal in Congress to punish employers who hire illegal immigrants. The penalties may be up to 5 years and $50,000.
3/12/2005
California Assembly Bill Tracking
A summary of employment and (non-public) labor related bills in the legislature.
CLEL will be tracking the minimum wage bills (AB 48, SB 174, and SB 862) as well as AB 879, which requires employers' presence at DLSE hearings. CLEL will keep its eyes on everything else, but these have piqued our interest right now.
AB 48 - Shell to raise minimum wage.
AB 57 - (Postpoened hearing) - Modification to prevailing wage calculations.
AB 169 - (Postponed hearing) - Increase in penalties for gender-based unequal pay.
AB 222 - (In commitee) - Changes enforcement of prevailing wages from awarding agency to DLSE.
AB 364 - (In committee) - Modifies definition of "public works."
AB 391 (In committee) - Would allow unemployment to workers involved in a trade dispute.
AB 419 - (In committee) - Modification to young artist comepnsation scheme.
AB 474 - () - Would change calculation of prevailing wages.
AB 553 - () - Would require change in calculation of overtime in prevailing wages.
AB 510 - (In committee) - Would require the Labor Commissioner to establish a proof of coverage program to detect unlawfully insured employers.
AB 551 - (In committee) - Would change the status of employment agencies for domestic workers to non-employers in certain situations.
AB 640 - (In commitee) - Allows certain employees to be exempt from alternative workweek schedule.
AB 673 - (In committee) - Nonsubstantive changes to Labor Code.
AB 674 - (In committee) - Nonsubstantive changes to Labor Code.
AB 775 - () - Changes in penalties for rest poeriod violations in garment and agricultural workers.
AB 822 - Technical changs to acceptable forms of payments.
AB 875 - State oversight of alternative workweek elections.
*** AB 879 - Failure to appear at DLSE hearing would prevent employer from de novo appeal in superior court.
AB 904 - Allows an individual to exempt herself from alternative workweek under certain conditions.
AB 985 - Would forbid employers from discriminating against active duty called-up National Guard employees.
AB 1012 - Technical changes to overtime statute.
AB 1093 - Tehcnical changes to rules regarding payment of wages.
AB 1255 - Tehcnical changest to overtime statute.
AB 1311 - Would allow services of DLSE complaints in same manner as civil.
AB 1626 - Extends definition of employee to include former employees for purposes of requiring production of employee file. (Isn't this already the case?)
AB 1709 - "Plain language" workplace posters.
SB 101 - (Returned to comm. after second reading) - Changes to pay stub rules.
SB 174 - (In committee) - Shell bill to increase minimum wage.
SB 184 - (In committee) - Talent agency bonding requirements.
SB 285 - (In committee) - Changes requirements for payment upon termination.
SB 862 - (In commitee) - Immediate minimum wage bill.
SB 940 - (In commitee) - Changes the prevailing wage law re: residential projects.
CLEL will be tracking the minimum wage bills (AB 48, SB 174, and SB 862) as well as AB 879, which requires employers' presence at DLSE hearings. CLEL will keep its eyes on everything else, but these have piqued our interest right now.
AB 48 - Shell to raise minimum wage.
AB 57 - (Postpoened hearing) - Modification to prevailing wage calculations.
AB 169 - (Postponed hearing) - Increase in penalties for gender-based unequal pay.
AB 222 - (In commitee) - Changes enforcement of prevailing wages from awarding agency to DLSE.
AB 364 - (In committee) - Modifies definition of "public works."
AB 391 (In committee) - Would allow unemployment to workers involved in a trade dispute.
AB 419 - (In committee) - Modification to young artist comepnsation scheme.
AB 474 - () - Would change calculation of prevailing wages.
AB 553 - () - Would require change in calculation of overtime in prevailing wages.
AB 510 - (In committee) - Would require the Labor Commissioner to establish a proof of coverage program to detect unlawfully insured employers.
AB 551 - (In committee) - Would change the status of employment agencies for domestic workers to non-employers in certain situations.
AB 640 - (In commitee) - Allows certain employees to be exempt from alternative workweek schedule.
AB 673 - (In committee) - Nonsubstantive changes to Labor Code.
AB 674 - (In committee) - Nonsubstantive changes to Labor Code.
AB 775 - () - Changes in penalties for rest poeriod violations in garment and agricultural workers.
AB 822 - Technical changs to acceptable forms of payments.
AB 875 - State oversight of alternative workweek elections.
*** AB 879 - Failure to appear at DLSE hearing would prevent employer from de novo appeal in superior court.
AB 904 - Allows an individual to exempt herself from alternative workweek under certain conditions.
AB 985 - Would forbid employers from discriminating against active duty called-up National Guard employees.
AB 1012 - Technical changes to overtime statute.
AB 1093 - Tehcnical changes to rules regarding payment of wages.
AB 1255 - Tehcnical changest to overtime statute.
AB 1311 - Would allow services of DLSE complaints in same manner as civil.
AB 1626 - Extends definition of employee to include former employees for purposes of requiring production of employee file. (Isn't this already the case?)
AB 1709 - "Plain language" workplace posters.
SB 101 - (Returned to comm. after second reading) - Changes to pay stub rules.
SB 174 - (In committee) - Shell bill to increase minimum wage.
SB 184 - (In committee) - Talent agency bonding requirements.
SB 285 - (In committee) - Changes requirements for payment upon termination.
SB 862 - (In commitee) - Immediate minimum wage bill.
SB 940 - (In commitee) - Changes the prevailing wage law re: residential projects.
Jon-Erik Storm - Professional Summary (Stunt 101)
P R O F E S S I O N A L__S U M M A R Y
JON-ERIK G. STORM
Jon-Erik G. Storm is an associate with Employer Advocates Group LC (“EAG”) in San Luis Obispo, where he practices employment litigation and counseling. He is the creator and editor of the legal web-log, “California Labor & Employment Law,” http://calemploymentlaw.blogspot.com, the only web-log devoted exclusively to all aspects of California Labor and Employment law.
Mr. Storm has a broad range of experience representing employers in civil, administrative, and appellate litigation, where he has won a number of dismissals and other victories for his clients. Mr. Storm also has wide-ranging experience providing consultation and advice to employers, assisting his clients with the ongoing development of their employee and human resource policies as well as assisting them with day-to-day matters. Mr. Storm represents the full spectrum of clients, from Fortune 500 corporations to individuals, and understands the differing needs of a diverse clientele.
In addition to his blog, Mr. Storm has also been published on varying subjects of employment law in different media. Mr. Storm's analysis of a recent assembly bill in the legislature was published in the May 2005 edition of the California Labor & Employment Law Review.
Prior to joining EAG, Mr. Storm was a judicial extern for both the Honorable Lloyd King and the Honorable Robert J. Faris, Chief Judge, at the United States Bankruptcy Court for the District of Hawaii. Mr. Storm received the Chinen Award for his exemplary service to Judge King and Judge Faris.
Mr. Storm is a 2003 graduate of the Illinois Institute of Technology’s Chicago-Kent College of Law. During law school, he received two CALI Excellence For The Future Awards for outstanding academic achievement, and was an Editor of Fiat Justitia, a journal of law and policy. Mr. Storm also founded the Chicago-Kent chapter of the American Constitution Society For Law and Policy.
Prior to law school, Mr. Storm attended Pitzer College (B.A., 1999), a member of the Claremont Colleges, and Claremont Graduate University (M.A., 2001), where he studied Philosophy.
Mr. Storm is a member of the American Bar Association, the San Luis Obispo County Bar Association, and the Labor & Employment Law Sections of the State Bar of California, the Los Angeles County Bar Association, and the Bar Association of San Francisco. Mr. Storm founded and chairs the Young Lawyers Section of the San Luis Obispo County Bar Association.
He is licensed to practice law before all of the courts of the State of California and the State of Minnesota. Mr. Storm is also admitted to the bar of the United States Courts of Appeal for the Federal Circuit and the Ninth Circuit.
Mr. Storm is currently serving on the board of directors of the San Luis Obispo Symphony.
If your business needs help sailing the perilous waters of California's employment laws, call an experienced navigator.
Mr. Storm has a broad range of experience representing employers in civil, administrative, and appellate litigation, where he has won a number of dismissals and other victories for his clients. Mr. Storm also has wide-ranging experience providing consultation and advice to employers, assisting his clients with the ongoing development of their employee and human resource policies as well as assisting them with day-to-day matters. Mr. Storm represents the full spectrum of clients, from Fortune 500 corporations to individuals, and understands the differing needs of a diverse clientele.
In addition to his blog, Mr. Storm has also been published on varying subjects of employment law in different media. Mr. Storm's analysis of a recent assembly bill in the legislature was published in the May 2005 edition of the California Labor & Employment Law Review.
Prior to joining EAG, Mr. Storm was a judicial extern for both the Honorable Lloyd King and the Honorable Robert J. Faris, Chief Judge, at the United States Bankruptcy Court for the District of Hawaii. Mr. Storm received the Chinen Award for his exemplary service to Judge King and Judge Faris.
Mr. Storm is a 2003 graduate of the Illinois Institute of Technology’s Chicago-Kent College of Law. During law school, he received two CALI Excellence For The Future Awards for outstanding academic achievement, and was an Editor of Fiat Justitia, a journal of law and policy. Mr. Storm also founded the Chicago-Kent chapter of the American Constitution Society For Law and Policy.
Prior to law school, Mr. Storm attended Pitzer College (B.A., 1999), a member of the Claremont Colleges, and Claremont Graduate University (M.A., 2001), where he studied Philosophy.
Mr. Storm is a member of the American Bar Association, the San Luis Obispo County Bar Association, and the Labor & Employment Law Sections of the State Bar of California, the Los Angeles County Bar Association, and the Bar Association of San Francisco. Mr. Storm founded and chairs the Young Lawyers Section of the San Luis Obispo County Bar Association.
He is licensed to practice law before all of the courts of the State of California and the State of Minnesota. Mr. Storm is also admitted to the bar of the United States Courts of Appeal for the Federal Circuit and the Ninth Circuit.
Mr. Storm is currently serving on the board of directors of the San Luis Obispo Symphony.
If your business needs help sailing the perilous waters of California's employment laws, call an experienced navigator.