I’ve had a lot of interest from clients lately about the details of the administrative hearing process that employees can pursue before the California Labor Commissioner. With this interest, and just having represented a client at a Berman hearing this week, I wanted to explain the process in a series of posts.
An employee seeking
All too common is the assumption that because a company’s policies comply with Federal law, and perhaps other states’ laws, the policy should be fine under California law. This wrong assumption is clearly illustrated by a recent study by Expedia that estimates employees forfeit $34.3 billion in unused vacation time across the U.S. From what
The Wall Street Journal is reporting about the plans of Silicon Valley entrepreneurs who would 
like to anchor a ship 12 miles off the San Francisco coast in order to skirt U.S. Immigration laws. They project that the ships could hold 1,000 people at a cost for a room roughly equivalent (if not cheaper) to an
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
What can I say, technology is awesome. The oral arguments in Brinker v. Superior Court that took place on November 8 are already on Youtube:
https://youtube.com/watch?v=IJBnSaUt0_M%3Frel%3D0
The Supreme Court has 90 days from oral argument to issue its decision.
Over the weekend, Governor Brown signed S.B. 459 into law (among other employment bills) which makes employers liable for civil penalties of $5,000 to $15,000 for each violation of “willful misclassification” of employees as independent contractors. In addition, if it is found that the employer has a pattern and practice of misclassifying independent contractors, the
Today, the California Supreme Court set oral argument in Brinker Restaurant v. Superior Court (Hohnbaum) to take place on November 8, 2011. The Court typically provides a ruling on cases within 90 days of oral argument, so I expect a ruling very early in 2012.
This case is the much anticipated ruling on whether employers
The
DOL is pushing for regulations to require employers to provide more information about how employee’s paychecks are calculated. This week, the Labor Secretary Hilda Solis said that the Department of Labor is backing a proposal that would require employers to provide more information to employees in order help stop wage and hour violations. Bloomberg
In Sullivan, et. al. v. Oracle Corporation, the California Supreme Court ruled on whether California’s overtime laws apply to out-of-state residents who perform work in California. The Court held that California’s interests in protecting all workers who perform work within the state are sufficient enough to require that California based employers must pay all
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