All Articles

Berliner Cohen’s Susie Fagalde Author of “Bridging the Gap Between Then and Now”

January 31, 2017 |

At the November conference I stood up at the Board of Governors meeting and addressed the Executive Committee and the general assembly regarding the overall feeling of exclusivity given off by the recent proposed bylaw amendment. As one of the younger members of LSI, I wanted to expand on my… Read More

Employer Alert: Are You Ready?  New Federal Overtime Regulations Effective December 1, 2016

November 15, 2016 |

The new Federal Regulations require attention before year end. Effective December 1, 2016, the minimum salary threshold needed to qualify for exempt status will increase to $47,476 annually or $913 per week.  These new standards exceed the current California law requirements. Meaning… Read More

Assessing Employment Risks—Do I really need an Employment Law Audit?

October 24, 2016 |

Whether you employ five or five hundred people, employers need to periodically ensure that their policies and procedures comply with the law. Many employers use generic personnel policies that were written for larger workplaces, other industries, or even different states. However, California’s… Read More

Berliner Cohen’s Guide to California’s Minimum Wages as of 2016

September 21, 2016 |

California’s minimum wage is currently $10.00, which has been in effect since January 2016. The minimum wage is set to increase now that Governor Brown signed Senate Bill (“SB”) 3. SB 3 increases California’s minimum wage each year so that it will reach $15 per hour in 2022… Read More

Labor Enforcement Task Force Visits – What Are Employer Rights?

June 7, 2016 |

Employers know that they are regulated by state and federal laws. However, few employers know the extent to which they are regulated and are caught off guard when regulators show up during peak business hours to conduct an inspection of their facility and records. This is a quick overview of an… Read More

Employer Alert: New San Francisco Law Requires Fully Paid Parental Leave

April 4, 2016 |

On April 5, 2016, San Francisco became the first city in the United States to mandate that employers provide fully paid parental leave.  San Francisco will be enacting this gradually and by 2018, businesses with 20 or more employees will be required to comply.Effective January 1, 2017, San… Read More

Employer Alert: Time to Update Your Harassment Prevention Policy

March 24, 2016 |

Employers have long been advised to maintain a written harassment prevention policy and to enforce it.  Such policies typically define and prohibit unlawful harassment, discrimination, and retaliation, explain the steps to prevent against this unlawful conduct, and include an internal complaint… Read More

Hiring Caregivers: Legal and Financial Considerations (Updated 2015)

October 8, 2015 |

Introduction “There’s no place like home.” That time-honored adage summarizes the motivations of people who want their children cared for at home as well as people who want to face advancing age, illness or infirmity in familiar surroundings. In either circumstance, in-home help… Read More

Employer Alert: Department of Labor to Revise Federal Overtime Regulations

June 29, 2015 |

The U.S. Department of Labor (DOL) has proposed a new rule that would broaden federal overtime pay regulations including raising the minimum salary threshold required to qualify for the Fair Labor Standards Act's (FLSA) "white collar" exemption to $50,440 per year starting in 2016. The last update… Read More

Employer Alert: CA Labor Commissioner Finds Uber Drivers Misclassified as Independent Contractors

June 22, 2015 |

In an order issued on June 3, 2015, the Division of Labor Standards Enforcement (“DLSE”) awarded just over $4,000 in expense reimbursements to Barbara Berwick, who had worked as a driver for Uber Technologies, Inc. (“Uber”).  Berwick claimed that she should have been… Read More

Effective Counsel Must Understand Poorly-defined Trade Secrets Litigation Procedures

June 14, 2015 |

"When an employee leaves his or her employer to work for a competitor, or when a business venture dissolves or splinters under unhappy circumstances and one of the principals in the venture starts a competing venture, a lawsuit for misappropriation of trade secrets under the Uniform Trade… Read More

California Water Restrictions for Restaurants and Hotels

March 18, 2015 |

On March 17, 2015 the California State Water Resources Control Board (State Water Board) adopted and extended a set of emergency water conservation regulations. The regulations include a penalty to restaurants serving water to patrons unless it has been specifically requested. The… Read More

Employer Alert: Is Your Request for Medical Cert Setting You Up for a Discrimination Lawsuit?

February 25, 2015 |

On November 10, 2014, the Equal Employment Opportunity Commission (“EEOC”) issued a press release announcing that it was settling a lawsuit it had filed on behalf of a class of individuals it claimed were subjected to illegal inquiries about medical and genetic information in applying… Read More

San Francisco Bay Area Voters Approve Minimum Wage Increases, Paid Sick Leave Requirements

November 4, 2014 |

On November 4, 2014, voters overwhelmingly approved ballot initiatives aimed at raising the minimum wage in various San Francisco Bay Area cities.More than 80% of voters supported Proposition J, which raises the minimum wage for work performed in San Francisco to $12.25 per hour by May 1, 2015, $13… Read More

Employment Law Alert: California Requires Employers to Provide Paid Sick Days for Workers

September 10, 2014 |

Effective July 15, 2015, all California employers regardless of size will be required to provide up to 3 days of paid sick leave for eligible part-time and full-time employees.  On September 10, 2014, Governor Brown signed the Healthy Workplaces, Healthy Families Act of 2014 (Assembly Bill No.… Read More