California Law Update- December 2017

Oakland Minimum Wage Increase and Poster Update

On December 12, 2017, the City of Oakland announced its minimum wage will increase to $13.23 on January 1, 2018. The city’s minimum wage poster has been updated to reflect this increase.

Employers must inform employees of this increase by December 15, 2017.

Read the press release and poster

City of Milpitas Minimum Wage Poster Updates

In December 2017, the City of Milpitas updated the following workplace posters to reflect the 2018 wage rate of $12 per hour:

• Minimum Wage.
• Know Your Rights.

Employers must print and post these two notices where information is accessible by employees.

The minimum wage rate is effective January 1, 2018 and increases to $13.50 on July 1, 2018.

See the posters

City of Sunnyvale Updates Minimum Wage Posters

In December 2017, the City of Sunnyvale updated the following workplace posters to reflect 2018 increases:

• Minimum Wage.
• Know Your Rights.
• Ordinance Basics and Responsibilities.

Employers must post these notices in the workplace, informing employees of the rate and their rights under the law.

The Sunnyvale minimum wage increases to $15 per hour on January 1, 2018.

See the posters

San Francisco Department of Public Health Releases Guidance on Lactation
Ordinance

In December 2017, the San Francisco Department of Public Health released materials to assist employers in their compliance with the city’s lactation ordinance. These departmental materials include a sample form that employers may implement or modify, as well as forms and guidance for employers to support employees returning to work who are breastfeeding.

The ordinance was passed in June 2017 and is effective January 1, 2018.

Read the ordinance

DLSE Guidance on Rest Periods

In November 2017, the California Department of Labor Standards and Enforcement updated its online rest period guidance to clarify that employers cannot require employees to stay on-premise during a rest period because to do so imposes a restraint not inherent in the rest period requirement itself. The guidance was updated considering the California Supreme Court decision in Augustus v. ABM Security Services, Inc., (2016) 5 Cal.5th 257, 269. In Augustus, the court held that the rest period requirement obligates employers to permit, and authorizes employees to take, off-duty rest periods. During rest periods employers must relieve employees of all duties and relinquish control over how employees spend their time. However, implementation-wise, if an employee is provided a 10-minute rest period, then he or she may only travel five minutes from a work post before heading back to return in time.

See the guidance