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Employment Update

The climate in California for Employers is not getting any easier. Lawmakers are indeed making it expensive to run a business, which is why it is so important to stay on top of the changes! Here are two major changes in employment law that took place in California just a few days ago…

  • California just joined New York as the first states to increase the state minimum wage to $15 per hour by 2022. Signed into law just days ago on April 4, 2016 by Governor Jerry Brown, the bill increases the minimum wage state wide over the next several years to be $10.50 on January 1, 2017, $11.00 on January 1, 2018 and then a $1 increase each year thereafter until it reaches $15/hour. This increase will also increase the minimum salary for employees to qualify as exempt.
  • Employers – you may want to sit down as you read this one. Also on April 4th the California Supreme Court issued a decision in Kirby v. CVS Pharmacy, Inc. on the topic of “suitable seating” for employees. “Suitable seating” refers to whether an employer is required to provide seats to their employees. The Court stated that “If the tasks being performed at a given location reasonably permit sitting, and provision of a seat would not interfere with performance of any other task that may require standing, a seat is called for.” Bottom line: if providing a seat to your employee would not interfere with their job duties, a seat is likely necessary. Of course, the nature of the work must reasonably permit the employee to sit (based on objective evaluation of the totality of the circumstances). Employers should make sure that they assess the nature of the work conducted by their employees and if there is no suitable seat, the burden is on the employer to show why providing one would be unreasonable.

Should you have any questions regarding these changes or other employment law related matters, please do not hesitate to contact our employment attorney April Glatt.


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