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.
Read MoreA California family-run moving company, Meathead Movers, is being sued by the Equal Employment Opportunity Commission for age discrimination due to “potential discouragement bias” against a hypothetical person because the moving company put out advertisement seeking athletic, strong, fit, and capable people for moving furniture and boxes of belongings. Employers are now facing the additional burden of this obvious word game: careful how you advertise for employees because bias or discrimination may now be inferred even when no one comes forward claiming discrimination- possible discouragement of a hypothetical person may be enough.
Read MoreCalifornia 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.
California’s new controversial law (SB 699) codified in California Business and Professions Code section 16600.5 now extends California’s restriction on non-compete agreements to even perfectly legal out-of-state non-compete agreements. California wants to attract the best workers in the nation and now will refuse to enforce ANY non-compete agreements at all - even those that other states recognize. Employers have no right to enforce non-compete agreements in California.
Read MoreFast 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.
Read MoreEmployers beware! California’s legislature has now created “selective” minimum wage for employees working in two industries- fast food and (now) healthcare. California’s current state minimum wage is set at $15.50 an hour and will increase to $16.00 an hour in January of 2024- a mere 50 cents! Just weeks after California enacted a new law to increase the minimum wage for fast food workers to $20 an hour, California enacted a second law to increase the minimum wage for health care workers to $25 an hour. This second law gives some healthcare workers a pay raise of $7.50 an hour in only 7 months!
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