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Tony DeCristoforo

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Tony DeCristoforo is an employment litigator who focuses his practice on the representation of employers and supervisors in disputes in state and federal courts, as well as administrative proceedings and arbitrations. Tony has extensive experience handling wage and hour class actions and claims for discrimination, wrongful termination and sexual harassment. He also advises employers on a wide range of employment-related issues, including wage and hour law, employment agreements, employee handbooks and statutory leave rights.

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A recent California Supreme Court decision has the potential to affect all California employees who are required to stand while performing parts of their job.  In response to numerous lawsuits brought by cashiers, retail employees, bank tellers and other employees, the California Supreme Court clarified the meaning of a decades-old law that requires employers to provide their employees with “suitable seats” when the nature of the work permits it.  The Court rejected the interpretation favored by employers—creating instead an interpretation that will make it more difficult for employers to deny their employees a seat.

As a result of this decision, California companies must give careful consideration to whether their employees can perform any of their tasks while sitting.  Employers who fail to provide seats when the nature of the work would reasonably permit their use face significant penalties.

Suitable Seating Laws

Different variations of seating laws have been in place in California since 1911.  The current language dates back to 1976, when the Industrial Welfare Commission modified a wage order to require that “all working employees shall be provided with suitable seats when the nature of the work reasonably permits the use of seats.”  The wage order also requires that “when employees are not engaged in the active duties of their employment and the nature of the work requires standing, an adequate number of suitable seats shall be placed in reasonable proximity to the work area and employees shall be permitted to use such seats when it does not interfere with the performance of their duties.”
Continue Reading California Employers Must Carefully Reconsider Whether Employees Can Be Provided With “Suitable Seats” In Light of New Decision

Now that the calendar has turned to 2016, this is a good time for employers in California to ensure that they are up to speed on the new laws that took effect on January 1.  Here are some of the highlights.

SB 358 (Gender Wage Differential)

Existing law already prohibits employers from paying women less…

1790100On July 3, 2015, the San Francisco Retail Workers Bill of Rights becomes operative. This ordinance creates major changes for many companies doing business in San Francisco.

Employers Affected

The law applies to “formula retail” businesses with (a) 20 or more locations worldwide, and (b) 20 or more employees in San Francisco, as well as their janitorial and security contractors. Pending amendments to the law, if passed, would change from 20 to 40 the number of retail establishments worldwide for a formula retail business to be covered by the law.

A “formula retail” business is any business that maintains two or more of the following features:

  • Standardized array of merchandise
  • Standardized façade
  • Standardized décor and color scheme
  • Uniform apparel
  • Standardized signage
  • Trademark or service mark

Requirements

1.  Advance Notice of Work Schedule

Employers must provide new employees with a good-faith initial estimate of the number of scheduled shifts the employee will receive each month, along with the days and hours the shifts will occur.

Employers must also provide employees with their schedules two weeks in advance. Schedules may be posted in the workplace or provided electronically, so long as employees are given access to the electronic schedules at work. If the posted schedule is changed, the employer must notify the employee of the change by in-person conversation, phone call, email, text message, or other electronic communication.  This requirement doesn’t apply if the employee requested the change.
Continue Reading San Francisco Is About to Begin Enforcing the Retail Workers Bill of Rights – Are You in Compliance?

It has become an annual New Year’s tradition in California — employers getting up to speed on a host of new employment laws that will affect them in the coming year. The California Legislature was busy in 2013 imposing new burdens on employers for 2014 and beyond. We previously blogged about an increase in the state minimum wage and a statutory clarification of the definition of sexual harassment, but those new laws are only the tip of the iceberg. Here’s our annual summary of the most important new laws affecting California employers.

  • Expanded Whistleblower Protection (SB 496): California law already prohibits employers from retaliating against employees who report the employer’s violation of state or federal law to a government or law enforcement agency. SB 496 expands whistleblower protection in several ways. First, it prohibits retaliation against internal whistleblowers, so an employee who reports suspected violations within the company is entitled to whistleblower protection to the same extent as an employee who reports violations to a government agency or law enforcement. Second, SB 496 provides whistleblower protection for reports of violations of local ordinances and regulations, as well as state and federal statutes. Third, SB 496 provides whistleblower protection to employees whose duties include the disclosure of legal compliance issues, which overturns case law excluding such employees from whistleblower protection.

Continue Reading A Not-So Happy New Year for California Employers: 2014 Legislative Update