The latest litigation trends, court decisions, & issues on California employment law
Perhaps one of the most misunderstood and improperly applied issues in California is how to treat commissioned sales people. Here are some of the most common mistakes I’ve encountered that can create substantial liability for employers.
Mistake: Treating all commissioned sales people as exempt employees (i.e. paying them a straight salary).
Usually there are two exemptions…
I recently conducted a webinar on new developments involving meal and rest breaks, expense reimbursement, paid time off pitfalls, and other wage and hour issues California employers should be aware of. It is approximately 30 minutes. Click here to download, or click here to listen via iTunes.
In Edwards v. Arthur Andersen LLP (link to PDF), the California Supreme Court ruled on the following issues: (1) To what extent does Business and Professions Code section 16600 prohibit employee noncompetition agreements; and (2) is a contract provision requiring an employee to release “any and all” claims unlawful because it encompasses nonwaivable statutory protections…
