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
No Break In Worker Suits
I was quoted in this month’s California Lawyer magazine regarding the steady persistence of wage and hour lawsuits here in California – even during these difficult economic times. The article, No Break In Worker Suits, can be read here.
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
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
Lower Court’s Ruling In Brinker v. Hohnbaum
The Fourth Appellate District, Division One, Appellate Court’s opinion in Brinker Restaurant Corporation, et al. v. Hohnbaum, et al. (July 22, 2008) is the opinion that was appealed to the California Supreme Court. The case is one of the first California state appellate court to rule on the parameters of employers’ duties under the California Labor
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
Federal minimum wage increases, but does not affect California employers
The Federal minimum wage increased to $7.25 per hour on July 24, 2009. However, because California’s minimum wage is $8.00 per hour, the increase in the Federal minimum wage does not affect California employers, as employers need to pay the higher of the two minimum wages. Here is an interesting table of the
When Do Employers Have To Pay For On-call Time?
The line between when employees are on or off the clock have become more and more grey with the advent of Blackberries, iPhones, and providing employees with remote login access from their homes. On-call time is considered compensable work time if it is spent primarily for the benefit of the employer and its business. In