California Workplace & Employment Law Blog

California’s minimum wage will eventually reach $15 per hour in 2022, with an increase occurring every January 1st until then. The schedule of increases depends on the size of your business. California businesses with 26 or more employees will reach $15 per hour in 2022, and businesses with 25 or fewer employees will have until 2023 to reach the $15 per hour rate.

I was recently retained by a new client to defend the company against wage and hour charges brought by a former employee that were filed with the California Labor Commissioner’s office. As I do whenever I get a new client, I asked if they had an employee handbook or other written personnel policies. Unfortunately, they did not. This makes it much more difficult to defend against employment claims brought by employees. The failure to have written policies may be taken as evidence that you do not comply with your legal obligations.

Whenever I do employee handbook reviews for new clients, I make sure to always remove their no-fault attendance policies.  These are policies where discipline is automatic after a certain number of absences or a certain number of days of reporting to work late – regardless of the reason for the absence or tardiness. These policies could open an employer up to liability for violating state and federal law requiring reasonable accommodation for employees with disabilities, state and local law providing for mandatory paid sick leave, as well as various other protected leave laws.