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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