In addition to wrongful termination claims brought by terminated employees, employers also face an additional cause of action for slander. In a recent appellate decision, The Nethercutt Collection v. Regalia, the Plaintiff was terminated from his employment at a classic car museum. Regalia asserted causes of action for wrongful termination in violation of public
Department Of Labor To Step Up Field Audits For Wage and Hour Violations
The newly appointed Secretary of Labor, Hilda Solis, issued a statement on March 24, 2009 that the Department of Labor is renewing its efforts to enforce labor laws across the country. With the addition of 250 field investigators provided to the DOL under the American Recovery and Reinvestment Act, businesses can be assured of increased
Model CORBA Notices Available From The DOL
The DOL recently published sample COBRA notices to help plans and individuals comply with the notice requirements set forth in the American Recovery and Reinvestment Act (ARRA) of 2009.
The DOL explains:
On February 17, 2009, President Obama signed the American Recovery and Reinvestment Act (ARRA) of 2009 (Pub. L. 111-5). ARRA includes a
Jurors Using Twitter During Trials
Today is the first time I heard that courts have having problems with jurors using Twitter during trials. Am I surprised? Not one bit. Is it concerning? Yes.
The article mentions that most of the messages sent via this form of "microbloging" are innocuous, and are simply jurors saying that they are bored during trials.
Court Holds Arbitration Agreement With Class Action Waiver And PAGA Waiver Is Unenforceable
Plaintiff, who was a trash truck driver for Athens Disposal Company, Inc., filed a class action against the company alleging violations of the Labor Code. Plaintiff asserted the following causes of action against Athens:
- Failing to pay overtime.
- Failing to provide meal periods and to pay an additional hour of compensation per workday to employees
Severance Agreements In California – Items To Consider
What does the agreement have to be titled?
I was recently asked if the severance agreement needs to have a specific title in order to be valid. The title does not have to contain specific words, and are usually titled "general release" or "severance agreement." The title, unless it is clearly erroneous or confusing, does