Don’t Ask, Don’t Tell – The New Prohibition on Seeking Salary Information from Prospective Employees

Beginning on January 1, 2018, Section 432.3 was added to the California Labor Code and prohibits any employer from seeking a prospective employee’s salary history or relying upon such information unless that information was first volunteered by the prospective employee.  The only other exception to the new law is found in subsection (e) that excepts […]

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Is Your New Hire an Unpaid Student Intern or a Paid Employee?

Recently, the United States Ninth Circuit Court of Appeals (which includes California) ruled on how we answer the question Is Your New Hire an Unpaid Student Intern or a Paid Employee? The Federal court adopted what is referred to as the “Primary Beneficiary Test” to determine this issue under the Fair Labor Standards Act (“FLSA”).[1]  […]

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EMPLOYEE vs. INDEPENDENT CONTRACTOR: The New Frontier (again)

Recently, the California Supreme Court issued a decision laying out the newest piece of law on the age old question of whether a worker should be classified as an employee or an independent contractor. (See Dynamex Operations West v. Superior Court, No. S222732, April 30, 2018, Slip Op. at 66-67)   While there is always […]

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Rudolph & Chonoles News

Rudolph & Chonoles, LLP is a unique Newport Beach law firm which specializes in protecting both your business and your personal assets. Their practice includes Business Entity Formation, the Purchase and Sale of Businesses, Business Transactions, Business Disputes and Litigation, Employment and Labor Law, Wage and Hour Disputes, and Living Trusts. With nearly 50 years […]

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