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
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
How To Approach Meal & Rest Breaks While Waiting For The California Supreme Court’s Decision in Brinker v. Superior Court (Hohnbaum)
While California employers anxiously wait for the California Supreme Court’s opinion in Brinker v. Superior Court (Hohnbaum) (and also Brinkley v. Public Storage, Inc.), what steps should they in regards to meal and rest break policies?
Record meal breaks.
This is already an obligation of California employers, and the Brinker decision does not change
Time Off Work For Jury Duty
As long as employers are given reasonable advance notice, employees are entitled to take time off to serve as a juror or as a witness if subpoenaed to appear at trial. Employers may not discriminate or otherwise punish an employee for taking time off to serve as a juror or a witness.
Pay During Jury
Employers Beware: Costs Related To Employee Uniforms
Question: May I require my employees to wear a particular uniform?
California law allows employers to require employees to wear particular types of clothing or uniforms to work. If an employer requires non-exempt employees to wear a uniform, the employer must pay for and maintain it for the employee. What constitutes a "uniform" is not
Google Latitude In The Workplace
Google Latitude, a new Google application allows users to track the physical location 
of other people through a mobile phone or computer. While the GPS tracking technology is nothing new, the amazing aspect of this is how inexpensive tracking technology has become. Many employers have already implemented GPS tracking, but now with Google’s basically
Basic Law On Tip Pools
California law treats “tips” (defined as any discretionary gratuity left by a customer for a server) as a strange kind of compensation — which may belong to the employee who initially received the tip, other employees involved or, for certain purposes, even the employer itself. Given the confused property rights involved, businesses are often unsure
Costly Mistake of Misclassifying Independent Contractors
Many California companies have recently been sued and had an assessment issued against them by the California Employment Development Department (“EDD”) for unpaid payroll taxes because the company allegedly misclassified its California workers as independent contractors rather than employees.
If a company improperly classifies a worker as an independent contractor, it may face liability from