EMPLOYMENT LAW –Additional Claims and Issues to Consider – Update

  • Labor Code §206.5 – An employer may not force an employee to sign a release or a statement of hours worked as a condition to receive their paycheck
  • Labor Code §§ 210 and 225.5 – Provides additional penalties for willful failure to pay wages.
  • Labor Code §218.5 – Provides additional support for attorneys’ fees (separate from PAGA and §1194) to the employee’s attorney and highlights that the employee can only be liable for employer’s attorneys’ fees if the employer prevails and bad faith on part of the employee is proven.
  • Labor Code §233 – Prohibits an employer from not allowing use of sick time, including for care of kin.
  • Labor Code §351 – Provides that an employer may not take away tip (gratuities) or force an employee to use them against wages.
  • Labor Code §432 – Is part of several code sections that require an employer to give records to the employee upon request.  Section 432 specifically requires that documents signed by the employee must be given to the employee upon request.
  • Labor Code §435 – No audio or video may be made by an employer in any restroom, locker room, or room designated by an employer for changing clothes, unless authorized by court order.
  • Labor Code §558 – Provides for additional civil penalties (in addition to PAGA) for failure to pay overtime.
  • Labor Code §558.1 – Extends liability beyond the entity employer to individuals, owners, directors, officers, or managing agents, which willfully cause the pay violations.
  • Labor Code §925 – Provides that an employer shall not require an employee who primarily resides and works in California, as a condition of employment, to agree to a provision that would either (1) require the employee to adjudicate outside of California a claim arising in California; or, (2) deprive the employee of the substantive protection of California law with respect to a controversy arising in California.
  • Labor Code §970 – prohibits coercing an employee to relocate (e.g. to another city or state) based on knowingly false representations, whether spoken, written, or advertised in printed form, concerning specific job-related areas.
  • Labor Code §2751 – requires commission payment arrangements to be in writing and contain specific information.
  • Labor Code §§ 6402 and 6404 – prohibits and employer from occupying or maintaining a place of employment that is not safe or unhealthful, and from requiring an employee to be in a place of employment that is not safe or unhealthful.
  • Government Code §12940(i) – Provides for a cause of action against any person who aids, abets, incites, compels, or coerces the doing of the acts forbidden by this section (i.e. discrimination and harassment based on protected class).

If you have any questions or think some of these issues apply to your work conditions, call us 310-356-1006.