Employer Rights
Posted in Employee Rights, Employer Rights, Employment Law on January 7, 2017
In a case filed just last month in San Francisco Superior Court, a current employee of Google asserts claims against the company based on its allegedly overbroad confidentiality agreement that Google requires all employees to sign and its policies regarding the use and disclosure of confidential information. (John Doe v. Google, Inc.; San Francisco Superior… read more
Posted in Employer Rights, Employment Law, Uncategorized on March 5, 2015
Over the years, we have observed a familiar pattern that catches many start-ups off guard and can prove costly and distracting. Worse yet, these companies could easily have avoided the problems. One of the Biggest Mistakes Start-Ups Do Companies in the early stages of growth predictably generate buzz and excitement that feeds the hopes of… read more
Posted in Case Updates, Employee Rights, Employer Rights, Employment Law, Uncategorized on October 21, 2014
Dynamex v. Superior Court (California Court of Appeal, Second Appellate Division): What It’s About: Employer Dynamex appealed the trial court’s denial of its motion to decertify, arguing that the court improperly adopted the definition of “employee” from IWC Wage Orders to determine the status of class members, instead of using the common law definition of… read more
Posted in Case Updates, Employee Rights, Employer Rights, Employment Law, Uncategorized on October 14, 2014
Ybarra v. Apartment Investment and Management Company (California Court of Appeal, Second Appellate District): What It’s About: The Court of Appeal vacated and reconsidered its prior order reversing the trial court’s order denying the defendant’s motion to compel arbitration. In light of Iskanian, the Court of Appeal held that the representative action waiver in the… read more
Posted in Employer Rights, Employment Law, Uncategorized on October 6, 2014
The subject of bullying in schools and in the workplace has over the past several years attracted nationwide attention and generated significant discussion. California recently took its first steps toward addressing the problem of workplace bullying. New Law Aims to Prevent Workplace Harassment On September 9, 2014, Governor Brown signed AB2053. This new law amends… read more
Posted in Employee Rights, Employer Rights, Uncategorized on September 10, 2014
Reimbursing Tech Expenses in California As discussed in my companion post, “You Want Me to Pay for What?” California law has long required employers to reimburse their employees for expenses reasonably incurred while working, so as to prevent employers from passing on their operating expenses to employees. A recent California Court of Appeal ruling helps… read more
Posted in Employee Rights, Employer Rights, Employment Law, Uncategorized on August 29, 2014
CA Supreme Court opinion on franchise law Yesterday, the California Supreme Court addressed the circumstances under which a franchisor may be deemed to be the employer of a franchisee’s employees for purposes of the Fair Employment and Housing Act (FEHA). The case, Patterson v. Domino’s Pizza, LLC, (Cal., Aug. 28, 2014, S204543) 2014 WL 4236175,… read more
Posted in Employee Rights, Employer Rights, Employment Law, Uncategorized, Wage and Hour on July 25, 2014
In Rhea v. General Atomics, 14 C.D.O.S. 8201, the California Court of Appeal on Tuesday reaffirmed an earlier decision holding that an employer can require (or allow) an exempt employee to use vacation/paid time off (PTO) for partial day absences without compromising the employee’s exempt status. The Rhea Court further held that an employer can… read more
Posted in Civil rights in the workplace, Employee Rights, Employer Rights, Employment Law, Uncategorized on July 24, 2014
Many people often ask me, “Is it harassment if my coworker makes racist remarks?” The answer: maybe. On the one hand, not every mean or rude comment qualifies as harassment. On the other hand, many employees suffer long periods of unlawful harassment or sexual harassment from their fellow employees but are unaware of what they… read more
Posted in Employee Rights, Employer Rights, Employment Law, Uncategorized, Wage and Hour on July 24, 2014
Who is entitled to overtime pay in California? Both federal and California law requires that employees be paid the minimum wage for all hours worked and that nonexempt employees be paid the proper overtime pay rate for overtime hours worked. Stating the rule is the easy part. How is it applied in practice? First, one… read more
