California Law Will Provide Paid Sick Leave to Employees
10/6/14
By: Frank H. Hupfl, III
Last month, California joined Connecticut and a growing number of municipalities that require employers to provide paid sick leave for employees. The law, known as the Healthy Workplaces, Health Families Act of 2014 (the “Act”), …
Employer Beware: BYOD and the Remote Data Wipe
8/13/14
By: Kacie L. Manisco
A growing number of companies have implemented Bring Your Own Device (BYOD) programs that allow employees to use their own phones and devices for both business and personal activities. Such programs benefit employers and employees alike, …
Commission Wages Are Only Attributable to the Pay Period In Which They Are Paid to Satisfy California Compensation Requirements
7/17/14
By: Sandra K. McIntyre
This week, in Peabody v. Time Warner Cable, the California Supreme court concluded that an employer satisfies the minimum earnings prong of the commissioned employee exemption only in those pay periods in which it actually …
The Un-American Rule Puts California Employers at Risk
7/16/14
By: Lisa R. Gorman
Many of my initial conversations with clients begin with them – shocked and outraged at the allegations – declaring their disinterest in settling. Of course we take these denials with a grain of salt, but frequently …
California Supreme Court Upholds Class Action Waiver in Employment Arbitration Agreements But Held Waiver of Representative Claims Under PAGA Was Not Permitted.
6/24/14
By: Sandra McIntyre
Recently, in Iskanian v. CLS Transportation, the California Supreme Court upheld the enforceability of class action waivers in employment arbitration agreements, but held that employees cannot waive representative claims under the California Private Attorneys General Act …
The Working Vacation
3/28/14
By: Lisa Gorman
When is the last time you took a vacation without your phone? Unless you’ve traveled someplace without cell reception, the answer is likely never. If you’ve brought your phone on vacation, and your work email is accessible …
Where’s The Beef? In California, Claims Brought By Residents Who Do Not Allege Compensatory Damages May Not Be Covered By An HOA’s Insurance Policy
1/14/14
By: Nick Rogers
Insurance companies may not have a duty to defend homeowner associations or their volunteer board members when homeowners do not demand compensation. I have represented a number of clients sued for violating provisions of California’s Davis-Stirling Act …
No Good Deed Goes Unpunished
12/23/13
By: Lisa Gorman
Restaurant servers can earn as much money as attorneys. Take a client of mine, for instance, a high end restaurant in the Bay Area. This small establishment staffs two servers per shift, each of whom earn $9 …