California Employers Beware: Potential New Law Gives Employees the “Right to Disconnect.”

If you think California has been making it harder and harder for employers to operate in the state, you may have one more draconian law to deal with soon. California is proposing a new law which gives employees the right to disconnect from all communications from their employer during their non-working hours. The only exception where an employer can contact employees during their non-working hours is during an emergency or an immediate scheduling issue. If you run a business, you know that many unforeseen events and many questions arise during the course of a business day - some of which can be solved with one simple phone call or text. This potential new law does not create clear boundaries. Instead, it creates many more questions that have been left unanswered. It also fails to take into account the practical way in which businesses are run, how issues are resolved, and the situations in which employees have a chance to even work overtime hours.

Employers Cope with the Implementation of California’s $20 Fast Food Minimum Wage.

California’s mandatory $20 minimum wage for fast food workers is already changing the way fast food chains operate. Business owners could have predicted the immediate outcome of California’s infamous $20 fast food minimum wage: rapidly rising prices of fast food and the mass layoff of fast food workers was no surprise. The fallout in the California fast food industry has begun and we are only seeing inklings of the fast food industry’s future. For fast food restaurants and their owners, the simultaneous increase in the 1) worker’s hourly rate, 2) manager’s salary, 3) price of menu items, and 4) price in groceries can be a difficult (if not fatal) balancing act.

California Implements Last Minute Exemptions to the $20 Fast Food Minimum Wage.

After some confusion regarding the new $20 fast food minimum wage law, California created some last minute exemptions to help clarify which restaurants are required to pay the new minimum wage. However, the last minute exemptions are narrowly tailored, and the new minimum wage likely applies to most fast food restaurants in California. On a practical level, these narrow exemptions will likely have little impact on the cost of labor for employers. For example, if workers are doing the same jobs at both an airport McDonald’s and a stand-alone McDonald’s, there is little incentive for the workers to continue to work at the airport for less pay. Clearly, a pay increase will likely occur across all facets of the fast food industry.

California’s $20 Fast Food Minimum Wage is in Effect NOW and Applies Broadly to Most Fast Food Chains.

Most people are aware of California’s new $20 fast food minimum wage, but some are uncertain whether or not the minimum wage increase applies to their particular restaurant or shop- especially in light of the last minute exemptions signed into law. The phrases “fast food restaurant employee,’ “limited-service restaurant,” and “establishment” are defined in the new law. It is important to be certain whether or not your restaurant is required to pay broadly reaching $20 minimum wage or if you may fall into an exemption, which is discussed in a later blog.

Bars and Nightclub Owners: You Must Offer Date Rape Drug Test Kits Starting this Summer!

Beginning this July, California bars and nightclubs must now add “drug testing devices” to their regular inventory. If you own a bar or nightclub, you likely have a Type 48 liquor license, which is one of the most highly sought after, most expensive, and difficult liquor licenses to obtain. As a result, it is no surprise that California is now imposing yet another requirement on these licensees. Any licensee that is applying for a new Type 48 liquor license or currently holds on existing Type 48 liquor license is required to offer for sale at a reasonable price or provide for free a drug testing device.

California's Controversial and Unprecedented New Law Creates "Selective" Minimum Wage For Fast Food Workers and Council to Oversee Franchise Owners.

California has enacted a new law that creates a “selective” minimum wage by creating a minimum wage only for fast food workers. In the span of less than seven months, California fast food workers will receive a $4.50 per hour pay increase. In January of 2024, all other California employees working for minimum wage will receive a pay increase of a mere $0.50 per hour. Fast food employees are clearly receiving a windfall, and fast food employers will now be forced to deal with added rules, regulation, and oversight due to the creation of the fast food council.

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