Posts tagged employer records
California Employers Must Notify Employees That Their Non-Compete Agreements or Clauses are Void By February 2024!
California Employers Must Notify Employees That Their Non-Compete Agreements or Clauses are Void By February 2024!

California employers are tasked with new notice requirements! Employers must give notice to all current and former employees employed after January 1, 2022 whose contracts included a noncompete clause (or who were required to enter a noncompete agreement) that such clauses or agreements are void. This notice must be given to the employees by February 14, 2024. The notice has to be individualized for each employee, in writing, and shall be delivered to the employee’s or former employee’s last known address and email address. This is a significant task and employers should plan their compliance ahead of time.


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Employers, Employment, Intellectual PropertyKathleenCalifornia Business and Professions Code section 16600.1., Non-Compete Agreements, California employer requirements, California Non-Compete Agreements, California Business and Professions Code, employer, California employer recordkeeping, California employment records, employer records, California employers, California businesses, AB 1076
Update: McDonald’s Confirms that California’s $20 Minimum Wage Will Lead to Increase in Menu Prices (and Possibly More Changes).
Update: McDonald’s Confirms that California’s $20 Minimum Wage Will Lead to Increase in Menu Prices (and Possibly More Changes).

Fast food franchisees confirm that they will be increasing menu prices to offset the staggering increase in labor costs due to California’s new $20 minimum wage for all fast food workers. However, the California legislature, in establishing California’s new fast food worker minimum wage, may have failed to deliver high wages to California fast food workers. If the menu prices increase significantly, the fast food workers may find that their higher wages do not significantly increase their buying power at their own workplace- and perhaps in other areas of their life. In addition, if fast food franchisees choose to go fully automated and not hire employees, there are no higher wages for these workers because there will be no wages at all.

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Employers, EmploymentKathleenFast-Food Franchisor Responsibility Act (Assembly Bill 1228), Fast-Food Franchisor Responsibility Act, Assembly Bill 1228, AB 1228, employer records, employer, employees, wage statements, wage statement penalties, unpaid wages, minimum wage, minimum wage increase, $20 minimum wage, wage theft, automated McDonald's, automated fast food, Fort Worth, Fort Worth Texas, Fort Worth automated Mcdonalds
Update: Governor Vetoes SB 799 and Refuses to Pay Unemployment Benefits to (Employed) Workers Who Choose to Strike.
Update: Governor Vetoes SB 799 and Refuses to Pay Unemployment Benefits to (Employed) Workers Who Choose to Strike.

UPDATE: Governor Newsom recently vetoed California Senate Bill 799, which would have provided unemployment benefits to employees who were not laid off and, instead, were choosing to go on strike.

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Employers, Employment, RestaurantsKathleenUnemployment, Unemployment Fund, Unemployment taxes, Unemployment Insurance, Unemployment Benefits, employer records, employer, employees
Unions May be Liable for Damages Employers Suffer As a Result of a Strike.
Unions May be Liable for Damages Employers Suffer As a Result of a Strike.

Employers are no longer at the mercy of striking unionized employees. A union’s actions during a strike are not absolutely protected under the National Labor Relations Act (“NLRA”), and it is not an absolute right. Rather, Unions will be held liable to employers for damages if they intentionally caused employers to suffer damages during a strike.

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Employers, Employment, RestaurantsKathleenEmployment lawsuit, employer, employer records, employer wage theft, employee strike, union strike, National Labor Relations Act (“NLRA”)
Big and Small Employers Breathe a Sigh of Relief: Employer’s Good Faith Belief That No Wages Were Owed to an Employee Is a Defense to Liability Under Labor Code Sec. 203 and 226.
Big and Small Employers Breathe a Sigh of Relief: Employer’s Good Faith Belief That No Wages Were Owed to an Employee Is a Defense to Liability Under Labor Code Sec. 203 and 226.

Recently in February of 2023, in a rare moment of support for the California employer, a California appellate court explicitly held that the employer is not liable for waiting time penalties or wage statement penalties if, at the time, the employer had a good faith dispute as to whether or not the employee was entitled to additional wages.

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Employers, EmploymentKathleenEmployment lawsuit, employer, employer records, Employee lawsuit, rest and meal breaks, premium pay, wage statements, waiting time penalties, wage statement penalties, good faith belief, good faith dispute