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California Labor & Employment Defense Blog 
Providing employers up-to-date information about California employment law, including new cases, legislation, and discussions.
Post Frequency: 2/day Last Entry: March 30, 2011 at 13:18:53 Recent Entries: 331
Go to California Labor & Employment Defense Blog, find other Labor & Employment Law blogs, or browse all law blogs.
"Unequal Pay" Bill Blocked In U.S. Senate
Posted on April 25, 2008The Senate recently failed to break a Republican-led filibuster currently blocking the Fair Pay Restoration Act. The Fair Pay Act would make it easier for people to sue over pay discrimination and is in response to the 2007 Supreme Court ruling that limited such cases...
Legislative Update: Senate Passes Genetic Information Nondiscrimination Act
Posted on April 25, 2008The United States Senate voted 95-0 to pass the Genetic Information Nondiscrimination Act yesterday. That bill, which President Bush is expected to sign, would bar insurers from asking or using genetic information to make a decision about coverage or to set premiums...
Speaking Next Week On Pitfalls When Using The Internet To Conduct Background Searches For Applicants
Posted on April 24, 2008Posted by Anthony Zaller I will be speaking again next week on the pitfalls employers encounter when using the Internet, MySpace.com, Facebook.com, and similar social networking sites to check out the backgrounds of job applicants and employees. If you are interested, more information about the seminar can be found here...
Upon An Employee's Request, Which Documents Does An Employer Have To Show And/or Copy?
Posted on April 24, 2008Employers are obligated only to provide copies of any documents signed by the employee or applicant relating to their job. Labor Code section 432. Employees are allowed to inspect other categories of documents. For example, Labor Code Section 1198...
Bill Requiring Paid Sick Days For Employees Takes One Step Closer To Becoming Law
Posted on April 10, 2008The Assembly Labor and Employment Committee passed the Healthy Families, Healthy Workplaces Act today by a vote of 6-2. The bill, introduced by Assemblywoman Fiona Ma (D-San Francisco) in February, AB 2716, would allow workers to earn paid sick days that can be used to recover from illness, care for a sick family member, or recover from domestic violence or sexual assault...
Approach With Caution: Conducting Background Checks Using Facebook, MySpace or the Internet
Posted on March 31, 2008Employers are becoming more and more aware of the information obtainable via the internet about their current employees as well as applicants. Many are looking up prospective and current employees' Facebook and MySpace pages to glean more information about the individual...
Someone Must Be Reading This
Posted on March 28, 2008To end the week, we wanted to give ourselves a pat-on-the-back due to our blog's first place ranking in popularity among employment law blogs (and ranked 32nd of out of all legal blogs) this week on Justia.com. If you have not already checked it out, Justia...
The right ... to wear pants.
Posted on March 27, 2008I am preparing for a press interview about how employers should approach dress code policies and it seems that it always is a surprise to people to learn that that the California Government Code specifically addresses employees' right to wear pants to work...
Court Rules Starbucks Owes $105 million In Tip Pooling Case
Posted on March 21, 2008The award represents an estimated amount of cash from tip pools that shift supervisors received between October 2000 and February 2008. The plaintiffs maintained that the shift supervisors were considered managers under California law, and therefore improperly participated in sharing in the tips placed in the tip jar...
Chou v. Starbucks - Tip Pooling Case Continues In Trial
Posted on March 13, 2008Yesterday, the second phase of trial started in Chou v. Starbucks. The plaintiffs are asking the judge for restitution and interest to a class of about 120,000 Starbucks baristas who worked for the company since 2000.Initially, plaintiffs in Chou v...
Chou v. Starbucks - Tip Pooling Case Continues In Trial
Posted on March 13, 2008Yesterday, the second phase of trial started in Chou v. Starbucks. The plaintiffs are asking the judge for restitution and interest to a class of about 120,000 Starbucks baristas who worked for the company since 2000.Initially, plaintiffs in Chou v...
Not Posting Much Lately
Posted on March 11, 2008I have not been posting as much as I would like recently, work has been very busy and I have been asked to speak in front of a few different employer groups recently. Tomorrow, I will be conducting a telephonic presentation for new managers on practical tips on how to comply with California labor and employment law...
Not Posting Much Lately
Posted on March 11, 2008I have not been posting as much as I would like recently, work has been very busy and I have been asked to speak in front of a few different employer groups recently. Tomorrow, I will be conducting a telephonic presentation for new managers on practical tips on how to comply with California labor and employment law...
CA Supreme Court Holds Individuals Not Liable For Retaliation In Jones v. The Lodge At Torrey Pines
Posted on March 03, 2008The California Supreme Court issued its ruling today in Jones v. The Lodge At Torrey Pines. The Court held: In Reno v. Baird (1998) 18 Cal.4th 640 (Reno), we held that, although an employer may be held liable for discrimination under the California Fair Employment and Housing Act (FEHA) (Gov...
Jones v. Torrey Pines Supreme Court Opinion Forthcoming Monday
Posted on February 29, 2008The California Supreme Court announced today that on Monday, March 3, 2008, it will issue an opinion in Jones (Scott) v. The Lodge At Torrey Pines Partnership. The issue in this case is whether an individual be held personally liable for retaliation under the California Fair Employment and Housing Act (Gov...
Court Strikes Down Plaintiff's Attempt to Recover $46,000 In Attorney's Fees For $45 (rounded up) In Unpaid Wages
Posted on February 28, 2008In Harrington v. Payroll Entertainment Services, Inc. (2008) __ Cal.App.4th __, Plaintiff brought suit against his employer for $44.63 in unpaid overtime, which was eventually settled for $10,500. After the settlement, the plaintiff (read the plaintiff’s lawyer) asked the trial court for about $46,000 for his attorneys’ fees...
California Legislature Proposes Paid Sick Leave Law To Cover Every Employee In California
Posted on February 28, 2008Assemblywoman Fiona Ma (D-San Francisco) introduced bill AB 2716 last week. If passed, would provide paid sick leave to any employee who works for seven or more days each year - the only such law in the United States. Employees would accrue sick time at the rate of one hour for every 30 hours worked...
Teleconference On Facebook, MySpace, and Other Websites to Scope Out New Hires
Posted on February 26, 2008I would like to thank everyone who participated in the BLR teleconference this morning. It was a pleasure speaking to everyone. Due to the great interest in this topic, we will be conducting the seminar again on at least one one occasion, maybe two...
Teleconference On Using Facebook, MySpace, and Other Websites to Scope Out New Hires
Posted on February 26, 2008I would like to thank everyone who participated in the BLR teleconference this morning. It was a pleasure speaking to everyone. Due to the great interest in this topic, we will be conducting the seminar again on at least one one occasion, maybe two...
US Supreme Court Tackles Employment Law Cases This Week
Posted on February 19, 2008Today, the Court will hear argument in Gomez-Perez v. Potter, on whether the Age Discrimination in Employment Act bars retaliation by public employers for the filing of age discrimination complaints. For more information about the facts of the case, click here...
Why Every Client Should Want A Lawyer Who Blogs
Posted on February 13, 2008Teri Rasmussen posted an article recently on her blog that has received a lot of attention on the Internet recently. She explains why a client should want their lawyer to blog. In summary, her reasons are: 1. Knowledge Entrepreneur. The blogging/blawgging attorney is just going to know MORE about more issues because they have a concrete personal stake and commitment beyond the needs of any particular client to find stuff out...
Can Internet User Protect His Or Her Identity Under The First Amendment?
Posted on February 11, 2008As employment litigators, we are finding ourselves dealing more and more with Internet related issues, such as an employer’s right to monitor employees’ computer usage, and an employee’s privacy rights to information posted on the Internet...
Vick's Case Is A Good Reminder About Treatment of Bonuses Under CA Law
Posted on February 04, 2008Jailed quarterback Michael Vick can keep nearly $20 million in bonus money he received from the Atlanta Falcons following a ruling today by a federal judge. While Vick’s case involved interpretation of the NFL collective bargaining agreement, how bonuses are treated is often a sticky area of the law for California employers...
California Supreme Court Holds that Employers May Terminate Employees For Use of Medical Marijuana
Posted on January 29, 2008Last week, the California Supreme Court held that it is not a violation of California law for an employer to terminate an employee who tests positive for marijuana, even though the employee was prescribed the marijuana for medical purposes under California’ Compassionate Use Act of 1996...
CNN Money.com Reports On Overtime Liability
Posted on January 23, 2008CNN Money.com reports that many companies across the U.S. are encountering wage and hour issues that California companies are all too familiar with. The article reports: Rod Cotner, owner of Jericho Mortgage in Lancaster, Ohio, was shocked when the U...
Hidden Risks of Using Facebook, MySpace, and Other Websites to Scope Out New and Prospective Hires
Posted on January 17, 2008On February 26, 2008, I will be presenting a nation-wide teleconference entitled “Hidden Risks of Using Facebook, MySpace, and Other Websites to Scope Out New and Prospective Hires" through BLR. More information can be found at BLR’s website here...
New Case Decision On Witness Contact Information Disclosure In Class Action Litigation
Posted on January 17, 2008On January 15, 2008, the Court of Appeal in Puerto v. Superior Court (Wild Oats) [PDF] [Word], concluded that an opt-in notice established by the trial court as a process to obtain witnesses' residential contact information "unduly hampered" plaintiffs' in conducting discovery...
2008 California Law Update and Supreme Court Cases To Watch
Posted on January 11, 2008Below is a brief summary of some of the more relevant employment laws taking effect in 2008 and a summary of the Supreme Court cases that will have great ramifications for employers in 2008.Minimum Wage IncreaseAs written about previously here, the California minimum wage will be increased to $8 per hour starting January 1, 2008...
San Francisco's Health Care Mandate Given Green Light By Appellate Court
Posted on January 10, 2008The Golden Gate Restaurant Association (GGRA) challenged certain provisions of the newly enacted San Francisco Health Care Security Ordinance, contending that they are preempted by the federal Employee Retirement Income Security Act of 1974 (“ERISA”)...
Reminder - Employers Must Use New I-9 Form Starting December 26, 2007
Posted on December 20, 2007All U.S. employers must use the new Form I-9 beginning next week on December 26, 2007. Failure to transition to the new form could result in penalties. The new I-9 can be downloaded from the US Citizenship and Immigration Services' website here...
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Self Defense
It's legal to defend yourself and your family
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California Supreme Court Proposition 8 Decision
Court Rejects Challenges to Proposition 8, but Finds Marriages Valid
Discouraging Union Organizers
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EB-1 and EB-2 Visa Status
Obtaining a Green Card Without Going Through the Labor Certification Process
Employee Lawsuits: Negligent Hiring and Retention
Employers must check references, criminal records, other background material.
Can a former employee use photographs of jobs completed whie working for me in marketing material for a new business?
There are several issues here
1. Sub contractor started up a compe...
I have worked for this employer for only three weeks. The employer makes up his own rules as to what he chooses to report for the purpose of property taxes. He tells me to "let them come after us". He defines Entertain
He arrogantly insists, "let them come after us." Well, if you are invo...
I was fired on June 3, 2002 in Massachusetts because I reported discriminatory behavior by the employer towards a particular nationality. In July I filed a discrimination/retaliation complaint against the employer with t
It seem sin your case that the fact you filed the complaint prior to being dissa...
If only one of the parts of an agreement has signed a written contract, can an e-mail be considered an agreement?
No, an email is not considered a contract. At the most is can be considered a wr...
How can an employer defend themselves for firing an employee who contends the company exposed him to hazardardous atmospheres although medical testing has been negative?
You'll need to contact OSHA to determine your responsibility as far as the work ...
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Can a former employee use photographs of jobs completed whie working for me in marketing material for a new business?
There are several issues here
1. Sub contractor started up a compe...
I have worked for this employer for only three weeks. The employer makes up his own rules as to what he chooses to report for the purpose of property taxes. He tells me to "let them come after us". He defines Entertain
He arrogantly insists, "let them come after us." Well, if you are invo...
I was fired on June 3, 2002 in Massachusetts because I reported discriminatory behavior by the employer towards a particular nationality. In July I filed a discrimination/retaliation complaint against the employer with t
It seem sin your case that the fact you filed the complaint prior to being dissa...
If only one of the parts of an agreement has signed a written contract, can an e-mail be considered an agreement?
No, an email is not considered a contract. At the most is can be considered a wr...
How can an employer defend themselves for firing an employee who contends the company exposed him to hazardardous atmospheres although medical testing has been negative?
You'll need to contact OSHA to determine your responsibility as far as the work ...
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