Wednesday, November 30, 2022
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Erika Pickles joined the CalChamber in 2015 as an HR adviser/employment law counsel. She previously represented employers in California and federal employment law litigation, class actions, and private arbitration involving a range of workplace-related issues, including wage and hour, discrimination, harassment, retaliation and wrongful termination claims. She also investigated and responded to administrative claims before state and federal agencies, and conducted employment law training seminars. She holds a J.D. from the University of San Francisco School of Law.

July 1 Local Minimum Wage Hikes Don’t Change Exempt Salary Test

A local minimum wage applies to our nonexempt employees. When the minimum wage increases on July 1, does that mean the salary test for...

CalSavers Retirement Savings Program Registration to Begin July 1

In 2016, the California Legislature passed a bill that laid the foundation for a state-run retirement plan, and in 2018, the final governing regulations...

Social Security Administration Resumes Sending ‘No-Match’ Letters

Employers haven’t seen “no-match” letters from the Social Security Administration (SSA) since 2012 but that’s about to change. In March 2019, the SSA resumed sending...

California Law Prohibits Questions About Gender on Job Applications

Our job application asks applicants to state their gender. Is that allowed under California law? California law prohibits employers from asking, either directly or indirectly,...

U.S. High Court Reverses Equal Pay Case; Judge Can’t Adjudicate from Beyond Grave

The U.S. Supreme Court has reversed a Ninth Circuit court case because the judge who wrote the opinion died before the opinion was issued...

Requests for Personnel Files, Payroll Records—Required Timing Differs

A former employee has asked for a copy of her personnel file and payroll records. Do I have to provide these to her? And...

Class Action Settlement Doesn’t Prevent 2nd Lawsuit

An employee who was a member of a wage-and-hour class action settlement with her employer, is able to pursue a subsequent lawsuit against her...

State Meal/Rest Break Rules Include Limited, Industry-Specific Exceptions

  Are there any exceptions to California’s meal and rest break rules? As California employers know, employees in California are entitled to a 30-minute off-duty unpaid...

Surrogate Pregnancy: Same Protections, Leave Rights Generally Apply

One of my employees is a gestational surrogate. What leave laws would apply to her? A gestational surrogate is someone who carries a pregnancy and...

Caveats on Deducting from Exempt Employee’s Salary for Sick Time

An exempt employee has missed two days of work this week because she was sick, but she has used all her sick leave. Can...

National Medical Support Notice Requires Timely Response

I received a National Medical Support Notice for one of my employees. What is this notice and how do I respond? A National Medical Support...

New Parent Leave Act Applies to Employees Not Subject to FMLA/CFRA

How does the New Parent Leave Act interact with the federal Family Medical Leave Act/California Family Rights Act? Beginning January 1, 2018, California’s New Parent...

Only Qualified Representative Can Complete Form I-9 for Remote Hires

My office is located in San Francisco and I am hiring an employee who will work remotely in San Diego. Can I contract with...

Court Says True Rest Break Means Giving Up Control of Employee

Can we require employees to remain on our premises during rest breaks? The answer to this question was much simpler before the California Supreme Court’s...

SF Bay Area Commuter Benefits Program Offers Compliance Options

What is the Bay Area Commuter Benefits Program and what does it require of employers? The Bay Area Commuter Benefits Program (Program) is a program...

Employer Obligations When Employees Pump Breastmilk at Work

One of my employees recently had a baby and is asking for several breaks during the day to pump breastmilk. What do I need...

City Ordinances in LA, SF Limit Use of Criminal Background Checks

Are there any local laws that affect criminal background checks? Employers conducting criminal background checks in California are limited by state and federal law in...