California wage and hour laws provide that certain employees, such as executives, managers and administrative employees, are  “exempt” and  are not regulated by certain aspects of the Labor Code and the IWC Wage Orders, specifically  in relation to overtime...

For years it has been an acceptable practice for California employers to “round” up or down the recorded work time of their employees for payroll purposes, as long as the rounding practices followed the Labor Commissioner’s guidelines and did not serve as a method to...

Employers with 50 or more employees are currently covered by both the California Family Rights Act (CFRA) and the federal Family and Medical Care Act (FMLA) which permits employees who have worked more than 1250 hours in the most recent 12 month period of time to take...

Courts are regularly asked to review arbitration agreements relating to employment claims and more and more often are finding them to be invalid for a variety of reasons.  In a recent case, yet another court found an employer’s arbitration agreement invalid as to...

The Brinker Decision.... the Court Finally Rules What It All Means On April 12, 2012 the California Supreme Court has finally ruled on the long awaited and anticipated decision in Brinker v. Superior Court regarding the obligations of an employer to ensure or simply...

Employers must understand their legal obligations when an applicant or employee asserts that they are disabled, or when an employer regards the person as disabled, or if the person has a record of a disability. Failing to understand the strict legal requirements can...

Many employers have employee handbooks that are disseminated to new employees at the time of hire. However, with the dynamic nature of the laws affecting employers, it's important to routinely audit your handbook to ensure compliance with state and federal laws. But...

The National Labor Relations Board ("NLRB") announced that it has again postponed the implementation of the new rule requiring private sector employers who are subject to the National Labor Relations Act ("NLRA") to post a notice which informs employees of their...

As was reported in our previous newsletters, the California Supreme Court heard oral argument on the Brinker case on November 8th. And under the Rules of Court, the Supreme Court is required to issue decisions 90 days after a case is submitted, so a decision was...

Disability discrimination litigation seems to be on the rise. For this reason, it is critical for employers to understand their obligations and the protections provided to employees and applicants under both state and federal laws. These laws provide that individuals...