8/6/15
By: Allison Shrallow
If you have not muttered “my boss is making me sick” at some point in your life, consider yourself lucky. As for the millions of California employees who have suffered at the hands of a tyrant, while …
8/6/15
By: Allison Shrallow
If you have not muttered “my boss is making me sick” at some point in your life, consider yourself lucky. As for the millions of California employees who have suffered at the hands of a tyrant, while …
California’s Paid Sick Leave Law – A New Headache for California Employers
7/22/15
By: Kacie L. Manisco
California’s newly enacted Healthy Workplaces, Healthy Families Act of 2014 (HWHFA) can be added to the lengthy list of laws creating major headaches for California employers. The statute, which requires virtually all California employers to provide …
The California Employers’ Eroding Leverage in Employment Litigation
7/6/15
By: Lisa Gorman
On May 4, 2015, the California Supreme Court chipped away, yet again, at the small amount of leverage employers had when facing meritless employment lawsuits. Prior to the California Supreme Court’s ruling in Winn Williams v. Chino …
How Much Control Is Too Much Control? When On-Call Time Becomes “Hours Worked”
3/12/15
Recently, the California Supreme Court provided guidance on an important question in employment law: How much employer control turns on-call time into “hours worked?” In enacting its on-call policy, an employer must determine whether it is …
Playing Offense in Defense of Disability Discrimination
11/10/14
By: Lisa Gorman
One of the biggest challenges facing California employers today is the underperforming employee with a disability. Under the Fair Employment and Housing Act (“FEHA”), a “disability” is any physical or mental impairment that limits a major …
California Law Will Provide Paid Sick Leave to Employees
10/6/14
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, …
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 …
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 …
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 …
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 …