The Lester & Cantrell Legal Blog

California Consumer Privacy Act goes into effect Jan. 1, 2019

California Consumer Protection Act

California Consumer Privacy Act/Unsplash

On January 1, 2020, AB-375, more commonly known as the California Consumer Privacy Act (CCPA), will go into effect, forming new guidelines for state businesses that collect personal data from their customers.

The purpose of CCPA is to offer customers the opportunity to access their personal data, say no to the sale of their personal data, find out whether their personal data has been sold or disclosed to another entity, and request that a business delete any personal information collected by the business.

CCPA only applies to businesses that satisfy one of the following conditions:

• They earn more than half of their annual revenue selling personal information from their customers
• They have collected more than 50,000 pieces of personal information
• They have more than $25 million in gross annual revenue

Companies doing business in California that meet one of the above thresholds will be required to post clear methods for consumers to opt out of the sale, including a homepage link and a toll-free telephone number. Their privacy policies must also be updated to include information on the rights of residents.

Any business that violates CCPA will be fined up to $7,500 for intentional violations, and $2,500 for unintentional violations.

For more information, go to https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB375

Disclaimer

The blog posts and e-newsletters from Lester & Cantrell, LLP are for informational purposes only and not for the purpose of providing legal advice. Please contact our attorneys to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Lester & Cantrell, LLP and the user. Any opinions expressed on our blogs/e-newsletters are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

California law about breaks

Employees who work more than 5 hours are entitled to a meal break. Photo by Nick Clement on Unsplash.

One of the most common questions posed to employers centers around the California law about breaks — whether it’s a meal break or short rest break in between shifts.

That question depends on several factors, most importantly the length of the employee’s shift, and whether or not they are a non-exempt hourly employee.

California employment law says that all hourly employees must be given a full 10-minute rest break for every 3 1/2 – 6 hours of work, and the break should fall at about the halfway mark. Employees who are denied this rest break are owed one hour of pay, however an employee may elect to skip the break if they choose. Employees working under 3 1/2 hours are not owed any rest periods, and those working between 6-10 hours get two 10-minute rest breaks. 

The California law on meal breaks varies also, depending on how many hours the hourly employee is working. Employees who work 5 hours or less are not entitled to a meal break. The meal break only kicks in for employees working 5 or more hours, and that break must start before the end of the fifth hour and it must be at least 30 minutes long. Employees working over 10 hours are entitled to a second 30-minute meal break that should start before the 10th hour of their shift. Employees are allowed to waive their meal breaks if they don’t work more than 6 hours a day.

Additionally, rest and meal breaks cannot be combined and must be taken separately.

Although this is a rough guide to California laws on meal breaks, it’s not a definitive answer. There are exceptions for exempt salaried workers, construction workers, health care workers, and other industries.

If in doubt, please call our employment law attorneys for a consultation at (951) 300-2690.

Photo by Nick Clement on Unsplash

Disclaimer

The blog posts and e-newsletters from Lester & Cantrell, LLP are for informational purposes only and not for the purpose of providing legal advice. Please contact our attorneys to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Lester & Cantrell, LLP and the user. Any opinions expressed on our blogs/e-newsletters are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

New Prop 65 regulations for rental car agencies

Rental car businesses should review their policies for Prop 65 compliance. Photo by Matthew T Rader on Unsplash.

California’s Office of Environmental Health Hazard Assessment (OEHHA) has approved an amendment to its Prop 65 warnings on rental car vehicles including passenger vehicles, pickup trucks, commercial trucks, and cargo vans.

Scheduled to take effect October 1, 2019, the amendment will allow companies to post their Prop 65 warnings in less conspicuous areas. The amendment is in response to concerns that the warnings were too visible on rental cars, making them prone to break-ins.

Approved methods for posting the Prop 65 warning will include: on the rental agreement or ticket jacket, on a hang tag placed on the rearview mirror, on a sign posted at the rental counter, in an electronic contract, or in a confirmation email.

Rental car businesses should review their policies for Prop 65 compliance. Questions? Give our attorneys a call for a consultation at (951) 300-2690.

Disclaimer

The blog posts and e-newsletters from Lester & Cantrell, LLP are for informational purposes only and not for the purpose of providing legal advice. Please contact our attorneys to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Lester & Cantrell, LLP and the user. Any opinions expressed on our blogs/e-newsletters are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

SB 58 would allow some California cities to serve alcohol beyond 2 a.m.

 SB 58 would allow some California city bars to serve alcohol until 4 a.m. Photo by Taylor Davidson on Unsplash.

A new bill that would allow some California city bars to serve alcohol until 4 a.m. has passed another hurdle. SB 58, authored by Sen. Wiener, is advancing to the Assembly Appropriations Committee before it goes to a full Assembly vote. 

Cities included in the bill are Los Angeles, San Francisco, Oakland, Sacramento, Long Beach, West Hollywood, Palm Springs, Coachella, Cathedral City and Fresno.  Although the California Highway Patrol is strongly opposed to the bill, Sen. Wiener said it would increase tax revenue and tourism to these cities, with the support of their Mayor or City Council. 

The California Travel Association supports the bill, noting that it would allow these key cities to compete for events against places like New York City, Las Vegas and Miami Beach, which allow service beyond 2 a.m.

Governor Brown vetoed SB 58 in 2018, noting that with would add “two more hours of mayhem.” Councilwoman Suzie Price, agreed, noting that it “creates an increased likelihood that people leaving bars are on the road in the early morning hours the same time as commuters beginning their day.”

Disclaimer

The blog posts and e-newsletters from Lester & Cantrell, LLP are for informational purposes only and not for the purpose of providing legal advice. Please contact our attorneys to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Lester & Cantrell, LLP and the user. Any opinions expressed on our blogs/e-newsletters are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

Crown Act prohibits natural hair discrimination

SB 188 will protect black employees and K-12 public school students from discrimination based on their natural hair. Photo by Gabrielle Henderson on Unsplash.

A new bill, signed into law by Governor Newsom on July 6, protects employees and K-12 public school students from discrimination based on their natural black hair. Senate Bill 188, also known as the CROWN Act, will prohibit businesses or schools from banning such traditionally black hairstyles as dreadlocks, cornrows, Afros and braids/twists in their dress codes or grooming policies.

The Crown Act bill, written by Sen. Holly Mitchell of Los Angeles, was inspired by a high school student in New Jersey, who was asked to cut his dreadlocks or forfeit an upcoming wrestling match.  

The natural hairstyles are now included in California’s list of classifications protected from discrimination, including race, sex, religion, color, national origin, disability and sexual orientation.  Lawmakers in the states of New York and New Jersey are expected to follow suit this year.

Disclaimer

The blog posts and e-newsletters from Lester & Cantrell, LLP are for informational purposes only and not for the purpose of providing legal advice. Please contact our attorneys to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Lester & Cantrell, LLP and the user. Any opinions expressed on our blogs/e-newsletters are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

New California minimum wage increases for July 1, 2019

Photo by Unsplash

On July 1, 2019, California’s minimum wage increases in several California cities, most notably Los Angeles, Santa Monica and Malibu here in the Southland. These cities will see a minimum wage increase from $13.25 to $14.25 hourly for businesses with 26 or more employees. Those with 25 or fewer employees will go up to $13.25 an hour. The current overtime pay in California is $15 per hour. 

Other raises on July 1, 2019 include:

Berkeley – $15.65 hourly for all businesses

Emeryville – $16 hourly for all businesses

Los Angeles City & County – $13.25 to $14.25 hourly for businesses with 26 or more employees

Malibu – $13.25 to $14.25 hourly for businesses with 26 or more employees

Milpitas – $15 hourly for all businesses

Pasadena – $14.25 (pending City Council action)

Sacramento – $11.75 for all businesses

San Francisco – $15.65 (TBD)

San Leandro – $14 for all businesses

Santa Monica – $13.25 to $14.25 hourly for businesses with 26 or more employees

Businesses are required in this areas to update their minimum wage postings in a visible area of their workplace or job site. The increases are a continued result of SB-3, which was signed into law in 2016.

Disclaimer

The blog posts and e-newsletters from Lester & Cantrell, LLP are for informational purposes only and not for the purpose of providing legal advice. Please contact our attorneys to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Lester & Cantrell, LLP and the user. Any opinions expressed on our blogs/e-newsletters are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.