California Employment Law Report

California Employment Law Report

The latest litigation trends, court decisions, & issues on California Employment Law

Archives: Expense Reimbursement

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Labor Commissioner’s ruling against Uber widely misunderstood by media

Posted in Best Practices For California Employers, Exempt Employees, Expense Reimbursement, New Cases, Technology & Law, Wage & Hour Law
Earlier this week Uber appealed a California Labor Commissioner ruling against it holding that a driver was misclassified as an independent contractor.  In this video, I briefly discuss the ruling and the lesson it holds for employers. Misclassification of employees as independent contractors can carry many damages and penalties.  For example, Sections 226.8 and 2753… Continue Reading

Personal cell phones at work: Five lessons employers should take away about expense reimbursement set forth in Cochran v. Schwan’s Home Services

Posted in Best Practices For California Employers, Class Actions, Employee Handbooks, Expense Reimbursement, New Cases, Technology & Law, Wage & Hour Law
Colin Cochran brought a putative class action against his employers, Schwan’s Home Service, on behalf of 1,500 customer service managers who were not reimbursed for expenses pertaining to the work-related use of their personal cell phones. He alleged causes of action for violation of Labor Code section 2802; unfair business practices under Business and Professions… Continue Reading

Areas employers should review as part of their yearly audit – part two

Posted in Best Practices For California Employers, California Legislation Update, Employee Handbooks, Expense Reimbursement, Wage & Hour Law
In my last post, I wrote about what steps employers should talk to comply with the new employment laws for 2015. This post discusses more generally what employers should audit on a yearly basis. And with the year coming to a close, now is a great time to review these five items: 1. Expense reimbursement… Continue Reading

Friday’s Five: Five items employers need to understand about automobile and mileage reimbursement under California law

Posted in Best Practices For California Employers, Class Actions, Employee Handbooks, Expense Reimbursement, Wage & Hour Law
Expense reimbursement may seem like a small issue in comparison with the other areas of liability facing California employers, but the exposure for not appropriately reimbursing employees can be substantial. In Gattuso v. Harte-Hanks Shoppers, Inc., the California Supreme Court clarified the parameters of mileage reimbursement under California law, as well as the three different… Continue Reading

Friday’s Five: Five California Labor Code provisions employees cannot waive

Posted in Best Practices For California Employers, Class Actions, Employee Handbooks, Exempt Employees, Expense Reimbursement, New Cases, Wage & Hour Law
Here is a list of five rights provided to employees under the California Labor Code that the employee may not waive by agreement with an employer. 1. Minimum wage Labor Code Section 1194 provides a private right of action to enforce violations of minimum wage and overtime laws. That statute clearly voids any agreement between… Continue Reading

Are you ready for the increase in minimum wage? Join us for a mid-year update on employment and corporate issues.

Posted in Best Practices For California Employers, California Legislation Update, Class Actions, Employee Handbooks, Exempt Employees, Expense Reimbursement, New Cases, Technology & Law, Wage & Hour Law, Wrongful Termination
My firm is conducting a webinar on Thursday June 19, 2014 at 10:00 a.m. for a mid-year update on emerging employment law issues and the newly enacted LLC statute effecting most California Limited Liability Companies.  For more information and to register, please complete the form below:  … Continue Reading

Webinar: New Laws Facing California Employers In 2012

Posted in About the California Employment Law Report, Best Practices For California Employers, California Legislation Update, Class Actions, Employee Handbooks, Exempt Employees, Expense Reimbursement, Meal and Rest Breaks, New Cases, Wage & Hour Law
  Governor Brown signed a number of new employment laws that take effect in January 2012.  During this webinar, we will cover the new obligations facing employers under these recently enacted employment laws as well as the proper steps employers should take to comply with them.  The discussion will also cover the recent oral argument… Continue Reading

What Labor Code requirements can employees waive?

Posted in Best Practices For California Employers, Class Actions, Employee Handbooks, Expense Reimbursement, Meal and Rest Breaks, Wage & Hour Law
It may come as a surprise to many employers that employees cannot waive, or enter into contracts contrary to many of California’s Labor Code requirements. The rationale for this is pretty basic: if employees could waive the rights given to them under the Labor Code, every employer would simply require the employee to waive the… Continue Reading

10 common California employment law mistakes by start-up companies

Posted in Best Practices For California Employers, Employee Handbooks, Exempt Employees, Expense Reimbursement, Meal and Rest Breaks, Wage & Hour Law
Start-up companies are usually saving every penny and operating on small margins. Simply the cost of defending an employment lawsuit could bring the entire venture into jeopardy. Here is a list of ten common California employment law mistakes made by start-ups: Assuming everyone can be paid a salary, and not paying overtime for hours over… Continue Reading

Update on Brinker v. Superior Court and other California Wage and Hour Issues

Posted in Best Practices For California Employers, California Employment Law Podcasts, Class Actions, Expense Reimbursement, Meal and Rest Breaks, New Cases, Wage & Hour Law
I recently conducted a webinar on new developments involving meal and rest breaks, expense reimbursement, paid time off pitfalls, and other wage and hour issues California employers should be aware of.  It is approximately 30 minutes.  Click here to download, or click here to listen via iTunes.… Continue Reading
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