California Employment Law Report

California Employment Law Report

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

Tag Archives: Inc.

The tail wagging the dog: five rules of when attorney’s fees can be awarded in wage and hour cases

Posted in Uncategorized
zkvbm2_dp84-didier-weemaelsOften the threat of the plaintiff’s potential ability to recover attorney’s fees is greater than the actual damages that they can prove.  This can be frustrating for employers defending wage and hour claims, in both the individual and class action context.  Indeed, an employer must understand the potential damages and exposure of fees they may… 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

Can employers use employee’s posts to social media as basis for employment decisions or would this violate an employee’s right to privacy?

Posted in Best Practices For California Employers, Employee Handbooks, Technology & Law, Wrongful Termination
Generally, employees have a privacy expectation in their personnel files, contact information, and work related information. However, this expectation of privacy is not limitless, especially when the employee publically airs his or her work experiences on social media sites for the public to see. Courts have held that employees can waive this right to privacy… Continue Reading

Employee’s medical marijuana use is not covered by disability laws

Posted in Best Practices For California Employers, Employee Handbooks, Wrongful Termination
An employer is not required to allow employees to use medical marijuana as a reasonable accommodation under California’s Fair Employment Housing Act (FEHA). The California Supreme Court held that it is not a violation of California law for an employer to terminate an employee who tests positive for marijuana, even though the employee was prescribed… Continue Reading

Reminder To Carefully Draft Executive Agreements – Faigin v. Signature Group Holdings, Inc.

Posted in Best Practices For California Employers, Employee Handbooks, Exempt Employees, New Cases, Wrongful Termination
The judgment against the defendant for $1,347,000 in Faigin v. Signature Group Holdings, Inc. should be a good reminder for companies to have well drafted executive agreements. Faigin worked as General Counsel and Chief Legal Officer for Fremont General, a parent corporation. Defendant had various subsidiary companies that Faigin also worked for during his employment.… Continue Reading

Can California Labor Code Provisions Apply To Non-resident Employees Working in California?

Posted in Best Practices For California Employers, Class Actions, Employee Handbooks, Exempt Employees, New Cases, Wage & Hour Law
Given the increasing mobility of the workforce, the issue of which state’s laws apply to a traveling employee is becoming more and more common. In Sullivan v. Oracle Corp., the California Supreme Court held that California-based employers must pay non-resident employees working in California according to the California’s overtime laws. That means that a California… Continue Reading

Court Upholds Timekeeping Rounding Policies: See’s Candy Shops Inc. v. Superior Court

Posted in Best Practices For California Employers, Class Actions, New Cases, Wage & Hour Law
In See’s Candy Shops, Inc. v. Superior Court the court addressed whether an employer’s policy of rounding  employee’s time clock entries to the nearest tenth of an hour.  See’s Candy’s policy rounded employees’ time entries either up or down to the nearest tenth of an hour in its Kronos time keeping system. For example, if… Continue Reading

The Enforceability of Class Action Waivers In The Employment Context

Posted in Best Practices For California Employers, Class Actions, Meal and Rest Breaks, New Cases, Wage & Hour Law
The National Labor Relations Board (NLRB) recently held in D.R. Horton, 357 NLRB No. 184, that a class action waiver in an arbitration agreement was unenforceable as it violates employees’ rights under the National Labor Relations Act (NLRA). Specifically, it held that employees have “the right ‘to engage in…concerted activities for the purpose of collective… Continue Reading

Medical Marijuana Raising New Employment Law Issues

Posted in Best Practices For California Employers, Wrongful Termination
The Wall Street Journal reported yesterday about the difficulties employers are facing when employees are found to have marijuana in their systems while at work.  The article notes employees are asking if they could use their company-provided flex spending accounts to purchase the medical marijuana.  There are many issues that will have to be resolved… Continue Reading

Recruiters for temporary staffing company must be paid overtime

Posted in Best Practices For California Employers, Exempt Employees, New Cases, Wage & Hour Law
The case Pellegrino v. Robert Half International, Inc. (RHI) was brought by recruiters alleging that RHI failed to comply with Labor Code provisions pertaining to overtime compensation, commissions, meal periods, itemized wage statements, and unfair competition (under Business and Professions Code section 17200).  As defenses, RHI argued that Plaintiffs’ claims were barred because they all… Continue Reading

Solicitation of Competitors and Employees By Former Employees Is Not Protected Speech Under California’s anti-SLAPP Statute

Posted in New Cases
The case, World Financial Group, Inc. v. HBW Insurance & Financial Services, Inc. involved the situation where employees broke off from their former employer and started to work for a direct competitor. After leaving employment, the former employees made statements to former colleagues and customers in an attempt to have them join their new venture.  However,… Continue Reading

Court Holds Arbitration Agreement With Class Action Waiver And PAGA Waiver Is Unenforceable

Posted in Class Actions, Meal and Rest Breaks, New Cases
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… Continue Reading
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