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...

As discussed in our Year End Newsletter, one of the laws affecting California employers, effective January 1, 2012, is the requirement to provide a notice to new hires which complies with newly enacted Labor Code §2810.5(a) entitled Wage Theft Protection Act of 2011....

The IRS issued the 2012 optional standard mileage rates used to calculate the deductible costs of operating an automobile for business purposes. Beginning January 1, 2012, the standard mileage rates for the use of a car (also vans, pickups or panel trucks) will be...

Remember that under the recent revisions to the laws governing Pregnancy Disability Leaves as contained in Gov’t Code §12945, employers are required to maintain health insurance coverage for the duration of the pregnancy disability l eave, not to exceed 4 months (in a...

The California Court of Appeal recently found that employees are not entitled to "reporting-time pay" when they report to work for a scheduled shift (such as for a meeting) and work at least one-half of the scheduled time, even when that time is less than two hours....

Governor Brown was busy signing new legislation this year which impacts California employers. Below is a list of the more significant laws that will impact operations and which require your immediate attention for compliance. Unless specified, all new legislation goes...

Finally, after waiting for three years from the time the case was originally granted review, the California Supreme Court will hear oral arguments in Brinker Restaurant Corporation v. Superior Court on November 8, 2011, and (eventually) determine whether an employer's...

In yet another unfavorable decision in yet another wage and hour lawsuit, the Court recently decided that an employer who prevailed in a wage and hour case is not entitled to recover its attorneys' fees under Labor Code Section 218.5, even though Section 218.5...

With March Madness approaching, it is not an uncommon situation for office pools to be organized by co-workers. While this may seem like a fun and harmless workplace activity, promoting teamwork and enhancing morale, such "gambling" actually can place the employees...

Update the Handbook:. Time flies so has it been a few years since you last reviewed and updated your employee handbook? 2011 might the year to add or revise policies relating to: cell phone use at work and on the road; use of social networking media at work; the...

On February 16, 2011 the California Court of Appeal issued a ruling that is going to significantly increase the number of meal and break lawsuits and will make settlement of these claims more expensive! California law provides an employee is entitled to be paid one...

In a move that has employers concerned about increased wage and hour litigation, the Wage and Hour Division (WHD) of the U.S. Department of Labor, in conjunction with the American Bar Association (ABA), has created an Attorney Referral System which will provide...

An increasing number of wage and hour lawsuits and administrative wage claims before the Division of Labor Standards Enforcement include claims based upon the automatic deduction of meal periods. In many instances, employees do not actually clock out and in for lunch....

In many of the wage and hour lawsuits being filed under the Federal Fair Labor Standards Act (FLSA), Plaintiffs seek to hold some individuals personally liable for claims of unpaid wages and overtime. Most businesses assert that only the company should be liable for...

In Green v. Laibco, LLC, the California Court of Appeal upheld an award of over $1Million in attorney fees and $1 Million in punitive damages in a wrongful termination action filed pursuant to the Fair Employment and Housing Act (FEHA) and on other claims. Subsequent...