Summertime in San Francisco and other California cities brings legal updates that are taking effect on July 1, 2018. Employers in the restaurant and bar industries should ensure they are complying with the San Francisco Parity in Pay Ordinance (if applicable) and minimum wage increases. For example, employers affected by the minimum wage increases should ensure that their notices are up to date and confirm with their payroll provider that the increases took effect on July 1. More details about these developments are available here.
Just like checking your smoke detector or the air in your car tires, checking in about employment law updates midyear is a great idea. Here’s a quick primer on some of the most significant, recent developments affecting restaurants and bars:
1. California’s Version of the Equal Pay Act. It’s a good time for all employers to conduct an audit to make sure they are not paying workers of one sex more than workers of the opposite sex who are performing substantially similar work, in violation of the California Fair Pay Act. As of January 1, 2017, California employers must also be able to show that any difference in pay between employees performing substantially similar work is not based on race or ethnicity. For example, if your pay scale is based on merit, seniority, a piecemeal rate, or another valid factor such as education or training, pay disparity may be justifiable. But, the best practice is to conduct a full analysis of the reasons for any pay disparity among your employees, and to make sure that prior wage salary history is not the sole reason for any pay disparity.
2. Marijuana. Even though California “legalized” marijuana in the last election, employers need not permit marijuana use or distribution in the workplace. Under current California law, recreational and medicinal marijuana use does not need to be accommodated. (See Ross v. RagingWire Telecommunications, Inc.) When updating your employee handbook, make sure your drug-free workplace policy explicitly lists marijuana as a prohibited substance, particularly as cannabis is still listed as a Schedule I drug under the federal Controlled Substances Act (“CSA”) (21 U.S.C. § 812(c)). Continue reading Midyear Compliance Check-In for Restaurants and Bars in California
After years of legal challenges, shark fin soup is off the menu for good in California.
Shark fin soup is a traditional Chinese dish frequently served as a luxury item at special occasions such as weddings. It’s a controversial menu item because some fishermen harvest the fins by catching sharks, slicing off the fins, then tossing the shark back in the ocean. Continue reading California Shark Fin Soup Ban Upheld