Daniel Schwartz at the Connecticut Employment Law Blog writes about whether or not employment lawyers who advise their clients on social networking policies need to use social networking. I’ve writing on this topic before, but as the Internet becomes more and more dominate in everyday life, Daniel prompted me to revisit the issue. 
While I
With the summer shortly upon us, employers will no doubt be faced with students looking for internship opportunities. Employers need to be very careful in characterizing students as interns, and not paying them minimum wage and following California’s other numerous Labor Code provisions that protect employees.
In April 2010, the Department of Labor Standards
We are nearly at the point were everything we do is recorded. Think no one knows where you are? Wrong, your phone’s GPS can be used to track your location without you knowing about it.
Parties to lawsuits have not realized this new phenomenon either. In almost every case I have litigated in over the last
I came across an article recently by Design by Gravity (via Lifehacker) – Methods of Work: It Didn’t Happen If You Didn’t Write It Down – reminding designers and programmers to record their thoughts in some manner, or else lose it forever. The lesson does not apply just to designers and programmers, but also
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
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
Despite your teachers, friends, boss, colleagues and family members telling you otherwise, you are a linchpin. You are a genius that can succeed in the new economy. Seth Godin’s new book, Linchpin, sets out to challenge you to unlearn what school and society has rewarded in the past, and to let us all know
In Roman v. Superior Court, the Court of Appeals upheld an arbitration agreement where the employee challenged the agreement by arguing that the agreement was unenforceable
because it only obligated the employee to arbitrate his claims. The court disagreed with plaintiff’s argument and explained that the mere inclusion of the words “I understand” or
The HR blog Fistfull of Talent raises a concern I think a lot of HR professionals feel. See article “Hey Employment Law ‘Experts’, You’re Killing My Profession.” Kris Dunn expresses the all too common sentiment that employment lawyers are not advising their clients – but are rather scaring them into inaction. Kris uses the example
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: