The Blog

Eliminate Employee Class Actions Through Binding Arbitration

The California Supreme Court has ruled California employers may avoid employee class action lawsuits through binding arbitration. (Iskanian v. CLS Transportation Los Angeles, LLC, 6/23/2014). This is clearly a big win for all employers, large and small.

Continue Reading »

Prevailing Employers Are Entitled To Attorneys’ Fees

That’s what the California anti-discrimination statute says.  But California courts have interpreted “prevailing” employer to mean “but only if” the employee’s discrimination lawsuit was “unreasonable, frivolous, meritless, or vexatious.” 
So it’s not enough for the employer to win the case.  Employer still losses on attorneys’ fees if the employee’s lawsuit is deemed to be “reasonable” or have some, however slight, …

Continue Reading »

Paying A Salary Does Not Make Someone Exempt

A common misconception is paying an employee a salary makes them “exempt” from payment of overtime.  I bet at least half of you reading this are saying, “what, you mean that’s not the case?”
That’s right, it’s not.  While paying a salary is required, there is also a duties test (and other requirements) that has to be met for each of …

Continue Reading »

Where No Rest Period Policy = Liability

Smart employers know having written employee policies is good business.
But who would have thought the absence of a written policy – when the law does not require one – could create liability for employers?  And when that lack of a written policy can result in class action liability it’s best to sit up and take notice.
Common Uniform Policies Under Brinker
In …

Continue Reading »

Inside Scoop – Employment Law Continuing Education Part 1

If you are an employer or employer’s representative you might find the following inside scoop interesting. 
Recently I attended a continuing education course on employment and labor law for us attorneys.  As is typical, there was an attorney who represents primarily employees (“plaintiff’s attorneys” we call them), an attorney who primarily represents employers (“defense attorneys” we call them), and an …

Continue Reading »

Inside Scoop – Employment Law Continuing Education Part 2

Here’s more inside scoop from the continuing education course on employment and labor law for attorneys I recently attended. 
This a continuation of Part 1.  Read Part 3.
Lessons learned, Part 2:
Employee Documentation
What am I talking about here?  I’m talking about HR Legal employee documentation.  This was a recurring theme throughout the course.  It’s a theme that is so basic to me …

Continue Reading »

Inside Scoop – Employment Law Continuing Education Part 3

Here’s more inside scoop from the continuing education course on employment and labor law for attorneys I recently attended.
This a continuation of Part 1.  Read Part 2. 
Lessons learned, Part 3:
Unemployment Insurance Claims
This one I found particularly interesting.  When I used to represent very large employers (think Fortune 500), this topic never came up.  Now that I represent small/medium businesses, it’s …

Continue Reading »

Update Your Employee Handbooks For New 2014 California Laws

The California legislature passed a number of bills effective 1/1/2014 affecting California employers.  Certain of these new employment and labor laws require the prudent employer to update their employee handbooks.
Suggested handbook updates:
AB 11 – Time Off For Reserve Peace Officers and Emergency Rescue Personnel Training
Handbook update suggestion: update your time off for volunteer firefighters policy to include reserve peace officers …

Continue Reading »

New 2014 California Employment/Labor Laws

The California legislature passed a host of new laws affecting employers in the sunny state of California.  Time to redo those budgets and employee handbooks.
New Wage and Hour Laws
For all California employers AB 10 increases the minimum wage to $9/hour (effective 7/1/2014) and then $10/hour (effective 1/1/2016) per hour.  But that’s nothing if you have exempt employees you pay on a …

Continue Reading »

New Law 2014 – Reasons for “Paid Family Leave” Expanded (SB 770)

First, we must start with saying this law (and title of the law) is a misnomer (that’s why it’s in “quotes”). 
The law provides for “Family Temporary Disability Insurance” (FTDI) which is intended to provide temporary wage replacement similar to State Disability Insurance (SDI).  Rather than for the individual’s own disability (SDI), however, FTDI allows temporary wage replacement for reasons relating to …

Continue Reading »
Showing Page 3 of 8