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.

Employers, EmploymentKathleenMarch 10, 2023Employment 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

IRS Proposes New Program that will Disproportionately Crackdown on Small Business and the Working Class, i.e. the “Small Guys.”

This past Monday, February 6, 2023, the IRS announced that it is proposing a new program that would allow digital tracking of all service employees’ tips. The new program is called The Service Industry Tip Compliance Agreement (SITCA), which will require more stringent monitoring and reporting of all tips. The SITCA program is the beginning of a new era: one where transactions, even the smallest transactions for a cup of coffee, can trigger tax liability

Employers, EmploymentKathleenFebruary 8, 2023SITCA, IRS, Taxes, Tips, The Internal Revenue Service, Service Industry, The Service Industry Tip Compliance Agreement (SITCA), Tip Rate Determination Agreement (TRDA), Tip Reporting Alternative Commitment (TRAC), Employer signed TRAC (EmTRAC)., 26 C.F.R. §31.3121(q)

California Fast Food Employers Fight Back: Implementation of California’s “First of Its Kind” FAST Recovery Act is Temporarily Suspended.

California restaurant owners are fighting back in court and challenging California’s new and unique Fast Recovery Act. The new law, which gives a supervisory board unlimited unilateral control over the relationship between the franchise owners and the franchise owners employees, has been suspended by a Sacramento judge.

Employers, EmploymentKathleenJanuary 5, 2023Fast Recovery Act, AB 257, referendum, Save the Local Restaurants, employment, employer, franchise owners, Fast Food Council, fast food, fast food franchise

Ringing in the New Year with Higher Hourly Rates: California’s Statewide Minimum Wage Set to Rise to $15.50 For ALL Employers on January 1, 2023.

Beginning on January 1, 2023, minimum wage is set to increase to $15.50 per hour for all California employers- regardless of size. Small businesses will now be paying employees $1.50 more per hour, which is approximately a 10% raise.

Employers, Employment, RestaurantsKathleenDecember 15, 2022minimum wage, minimum wage increase, hourly rates, California hourly rates, California minimum wage, Federal minimum wage, California employer requirements, California employers

California Employers: California’s New Payscale Transparency Law now requires you to publish how much you pay your employees alongside your job postings! (Part II)

Payscale mandatory! Employers are now required to be transparent with both applicants and current employees as to how much they pay.

Employers, EmploymentWilliam BaileyDecember 9, 2022payscale, job posting, for hire, employer, employer records, Employment lawsuit, employer wage theft, employment, Employee lawsuit

California Employers: California increased your record keeping responsibilities by requiring annual pay reports and will impose heavy fines for your failure to keep up! (Part I)

California’s new payscale transparency law now requires employers to also keep keep records and submit an annual pay data report on race, ethnicity, sex, and pay. If employers fail to file annual pay data reports, they may be hit with hefty fines.

Employers, Employment, RestaurantsKathleenDecember 5, 2022sb 1162, pay data reports, EEO-1, employer records, California employment records, California employer requirements, California employer recordkeeping, race pay data report, ethnicity pay data report, sex pay data report, salary range, payscale

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