In Kinecta Alternative Financial Solutions v. Superior Court (wrd) held that a trial could improperly ordered a wage and hour class action to proceed in arbitration as a class action. The appellate court held that even though the arbitration agreement was silent on whether the parties agreed to arbitrate class claims, the fact that the
Meal and Rest Break Compliance After Brinker v. Superior Court
Have you attended webinars and read new legal updates on the new Brinker decision and still uncertain on how this applies to your company? Realizing that employers need to take a more active step in ensuring they are in compliance with the new decision, I’ve developed a package that actually assists employers in drafting and
NLRB’s Attempt To Require Workplace Poster Is Temporarily Stopped
Here in California the Brinker decision has taken up most of my time over the last week. Now I am finally able to focus on a national issue – as the Court of Appeals for the District of Columbia blocked the NLRB from requiring employers to post a notice of employee rights. The court’s decision comes
When Do Employers Have To Offer Meal And Rest Breaks? Analysis Of Brinker Corp. v. Superior Court
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
Brinker: California Supreme Court Clarifies Meal And Rest Break Requirements
Brinker Restaurant Corp. v. Superior Court (Hohnbaum) was finally decided by the California Supreme Court. The decision was anxiously awaited by many due to its clarifications of California employment laws regarding the duties employers have regarding offering meal and rest breaks, and when the breaks need to be taken. The primary holding of the case
Brinker v. Superior Court Decision To Be Published Tomorrow
The California Supreme Court announced today that the opinion in Brinker v. Superior Court (Hohnbaum) will be published tomorrow at 10:00 a.m. The opinion will address many issues surrounding meal and rest break requirements under the California Labor Code, such as whether employers need to ensure or simply provide meal breaks, and when breaks should
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
Everyone Needs To Calm Down About Social Media And The Law
I would love to be able to tell my clients that the Internet and social media has created a very complex set of legal issues that requires them to hire me in order to help develop all new handbook policies, change the way they conduct background checks on applicants, and monitor their employees. However, unfortunately
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
The Enforceability of Class Action Waivers In The Employment Context
The National Labor Relations Board (NLRB) recently held in D.R. Horton, 357 NLRB No. 184, that a class action waiver in an arbitration agreement was unenforceable as it violates employees’ rights under the National Labor Relations Act (NLRA). Specifically, it held that employees have “the right ‘to engage in…concerted activities for the purpose