It has been a week now since the California Supreme Court issued its decision in Brinker Restaurant Corp. v. Superior Court. I’ve been getting a lot of questions, and have spoken on the topic a few times, and thought a couple of charts illustrating the Court’s holding would assist in understanding the decision. For
Employee Handbooks
New NLRB Poster Required For Most Employers By The End of April
There has been a lot of debate and legal action about the NLRB’s new posting requirements. However, as it now appears, most employers (union and non-union) will be required to post a new NLRB poster by April 30, 2012.
For more information about the new poster, visit the NLRB’s website here. Of particular importance…
Webinar – The Impact of Brinker: Understanding The Supreme Court’s Decision On Meal & Rest Breaks

Be among the first in California to understand the complete impact the monumental decision in Brinker v. Superior Court will have on employers. The Court’s decision is expected on April 12, and Anthony Zaller and Daniel Turner will analyze and discuss the impact of the decision. The webinar will explain the decision and what it…
Employers Requiring Employees To Provide Facebook Passwords
There are
more reports of employers requiring applicants and employees to provide their passwords to their Facebook pages so that the employers can get a more accurate view of the employee’s character. I wrote about this issue a couple of years ago regarding the City of Bozeman requiring passwords from applicants. Apart from being…
Things You Wanted To Know About Arbitration Agreements In California, But Were Afraid To Ask
What is an arbitration agreement?
Employers can agree that they and any employees who enter into an arbitration agreement will resolve their differences before a private arbitrator instead of civil court. There are many different arbitration companies to choose from, but the American Arbitration Association and JAMS are two of the larger ones that…
Stephen Colbert Provides Reminder That Family Medical Leave Is Not A Laughing Matter
It may come as a surprise, but Stephen Colbert is human, and like the rest of us,
has a mother. He has taken a leave of absence from his show to apparently spend time with his ailing mother. An article I read recently notes how Colbert’s leave could trigger family medical leave. I thought the…
New Law Effective 2012 Restricts Employers Ability To Conduct Employee Credit Checks
California’s new labor code provision severely restricts an employer’s ability to conduct credit checks on employees. Labor Code 1024.5, which took effect on January 1, 2012, only allows employers to conduct credit checks for employees who meet one of the following categories:
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A managerial position.
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A position in the state Department of Justice.
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That
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2012 Wage and Reimbursement Rates For California Employers
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2012 Requirement |
Source |
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California Minimum Wage
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$8.00 per hour (unchanged from previous years) |
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San Francisco Minimum Wage
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$10.24 per hour |
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Computer Professional Exempt Salary Rate
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$38.89 or annual salary of not less than $81,026.25 for |
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Template To Comply With Wage Theft Protection Act of 2011 Notice Requirement To All Hires Beginning in 2012 Published By Labor Commissioner
Today the Division of Labor Standards Enforcement (“DLSE”) published a template that employers can use in order to comply with the new notice requirements set forth in Labor Code section 2810.5. A Word version can be downloaded here and a PDF version can be downloaded here.
All California employers are required to provide a…
Can Employees Agree To Waive Berman Hearings In Arbitration Agreements?
I’ve recently written a series of posts regarding the Berman hearing process available for employees to resolve wage disputes before the Labor Commissioner. See previous posts: Overview Of Berman Hearings Before The Labor Commissioner and How To Prepare For a Berman Hearing. But can an employer have an employee sign an arbitration agreement in which the…