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
Recruiters for temporary staffing company must be paid overtime
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
You are a linchpin
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
Arbitration Agreement Upheld Despite Employee’s Argument It Was Not Mutual And Adhesive
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
HR professionals note to employment lawyers: stop working off of fear
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
10 common California employment law mistakes by start-up companies
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
CA Supreme Court denies review in Starbucks tip pooling case
The California Supreme Court denied review of a lower appellate cou
rt decision in the class action of Chau v. Starbucks. The issue in the case is whether store managers, who as part of their duties also served customers, could share in the tips which were left for all servers. The trial court took
Spokeo.com makes on-line social networking searches for job applicants easier and faster
Human resource professionals and hiring managers have developed a better way to gain insight into new hire’s backgrounds: information posted in social networking sites. About two years ago, I was often asked whether it was legal to google a job applicant, or to review his or her information posted on the Internet. While some lawyers
Top ten mistakes employers make when drafting job descriptions
- Not drafting job descriptions because the
employer believes that they are either useless or are not needed in small to medium sized companies. - Not listing the essential functions of the job (i.e., the primary purpose the job exists).
- Listing functions that are not the essential functions of the job as essential functions. Employers should
California Supreme Court holds employees’ privacy rights not invaded by video surveillance
Plaintiffs Hernandez and Lopez were employed by Hillsides Children Center, Inc., which provided services to children with special needs and who were abused. Hillsides discovered that someone was accessing pornographic websites on a computer located in the Plaintiffs’ office late in the evening.
The employer, citing its mission to protect abused children and to protect