3 Cheers for Cheerleaders

Cheers for Cheerleaders: California has added labor code 2754 that now makes "cheerleaders" of a California based "professional sports team" an employee (and no longer an independent contractor). As an employee, cheerleaders have more rights and protections under labor code, unemployment insurance code, and FEHA. For more information, contact Campano Law Group at 661-945-5300 or via email at acampano@campanolaw.com

California overtime update

Employment update on overtime pay: In order for a California employee to be exempt from getting paid overtime, the employee has to make a certain amount each month or per year. On January 1, 2016, minimum wage increased from $9.00 to $10.00. With this increase in minimum wage means that for an employee to be exempt from overtime, the employee's monthly salary has to increase from $3,170 per month to $3,467 per month OR their yearly salary has to increase from $37,440 per year to $41,600 per year. For more information, contact Attorney Angelo F. Campano at 661-945-5300 or by email at acampano@campanolaw.com

California gives cheers to Cheerleaders

California has added labor code 2754 that now makes "cheerleaders" of a California based "professional sports team" an employee (and no longer an independent contractor). As an employee, cheerleaders have more rights and protections under labor code, unemployment insurance code, and FEHA verus independent contractors who do not have the same protections. For more information, contact Campano Law Group at 661-945-5300 or via email at acampano@campanolaw.com

Interview with Attorney Campano about California Prop #8

For Employers, to avoid a disability discrimination claim, these are questions not to ask person who is applying for work:

1. Do you have any particular disabilities?

2. Have you ever been treated for any of the following diseases or conditions?
3. Are you now receiving or have you ever received workers' compensation?”
4. What prescription medications are you taking?
5. Have you ever had a job-related injury or medical condition?
6. Have you ever left a job because of any physical or mental limitations?
7. Have you ever been hospitalized?
8. Have you ever taken medical leave?

How to comply with California's new paid sick leave.

Is there a way to comply with California’s new paid sick leave without violating this new law? Yes. (I probably would not ask the question if the answer was going to be no.)

One of the drawbacks (bad things for employers) with this new law is that the employer has to keep track of the hours worked by the employee and have the amount of accrued paid sick leave put on the paystub or some other writing to the employee. This can be too time consuming and confusing depending on a variety of things, such as the number of employees you have and when the employees started working for your company. For example, the more employees you have means more keeping track of hours worked and sick leave earned. And, when an employee started working for you affects the 90 day work requirement before paid sick leave can be earned.

The new law, however, does give an employer a chance to avoid these headaches in at least one way: by the employer offering paid sick leave (3 days or 24 hours) each year without the employee having to earn it every 30 hours as the new law requires. This way, the employer can be able to avoid having to keep track each pay period for sick leave earned and having to give the employee notice each pay period of how much paid sick leave has been earned because in theory in the employer has already complied with the new law and ensures its employees they have 3 days or 24 hours of paid sick leave available to them.

If you, as the employer, would like more information or assistance with putting together a policy to suit this new law, contact Attorney Angelo Campano at Campano Law Group at 661-945-5300 or by email: acampano@campanolaw.com.

Employment law update

Employment law update: california fair employment laws now protect unpaid interns and volunteers from harassment at work.

For more information, contact Attorney Angelo Campano at 661-945-5300 or email us at acampano@campanolaw.com.

Putting up a sign that reserves the right to refuse service to anyone? Think twice.

A business putting up a sign that says the business can refuse service to anyone should think twice who that business means by “anyone”. California state law prohibits a business from refusing service to just anyone they choose. See Unruh Civil Rights Act.

What is the Unruh Civil Rights Act, you ask? It’s California Civil Code Section 51 that states: “All persons within the jurisdiction of this state are free and equal, no matter what their sex, race, color, religion, ancestry, national origin, disability, or medical condition are entitled to the full and equal accommodations, advantages facilities, privileges, or services in all business establishments of every kind whatsoever.” Civil Code section 51(b).

But, what does that mean in plain English? Basically this law prevents people from being discriminated against in housing and public accommodations based on their sex, race, color, religion, ancestry, national origin, disability, or medical condition. This law is also meant to cover arbitrary discrimination on the basis of characteristics of a person that appear to be one of the specified.

What’s considered a “public accommodation”? This includes but not limited to hotels/motels, non-profit organizations, restaurants, theaters, beauty shops, retail establishments. This is not an exhaustive list, so just because your business does not fall under these categories does not give your business the right to refuse service to anyone protected under this law.

Who can a business refuse service to, if anyone? Well, the right to refuse has to generally serve a legitimate business interest. Some examples are when a customer is not dressed properly; a customer is disruptive; a customer harasses customers or employees; or when there are legitimate safety concerns. Like the public accommodation list, this list is also not limited to what has been mentioned here.

Overall, it is clear that the law is meant to protect people based on sex, race, color, religion, ancestry, national origin, disability, or medical condition but the law does allow the business to protect itself based on the conduct of customers.