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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
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California Labor Commissioner Files Multi-Million Dollar Suit Against Janitorial Companies
Posted on December 20, 2007In a press release issued by the California Department of Industrial Relations, the agency announced that it has filed a joint lawsuit against Excell Cleaning & Building Services, Inc., and MO Restaurant Cleaning of California, Inc. The lawsuit is seeking damages for unpaid wages and penalties going back to 2003 for janitors who worked for the company...
English-Only Amendment Blocked By US House
Posted on December 19, 2007The House of Representatives recently passed a $516 billion omnibus spending measure that addresses a number of issues, including the funding of various Cabinet departments and the funding of U.S. troops in Afghanistan. In passing the omnibus bill – which President Bush is expected to eventually sign – Democratic lawmakers were successful in blocking an amendment that would have barred the government from suing employers who try to enforce English only workplace rules...
Court Denies Employee's Attorney Fees For Tort Claims
Posted on December 19, 2007Apart from being an informative warning about some tactics used by car dealerships to increase the price paid by consumers by using “legs” or “payment packing” techniques, the court’s opinion in Casella v. Southwest Dealer Services, Inc...
After Kakani v. Oracle Are "Claims Made" Class Settlements Obsolete?
Posted on December 14, 2007In Kakani v. Oracle, 2007 WL 1793774 (N.D.Cal. 2007), Judge Alsop of the Northern District of California denied approval of a proposed class settlement agreement. In doing so, he cast doubt on so-called “claims made” or “reversionary” settlement agreements that are commonly used to settle wage and hour class actions...
Reminder - California Minimum Wage Increases Jan. 1 and Impacts Exempt Employees
Posted on December 07, 2007As a simple reminder, employers should begin to plan to adjust their payroll systems in order to ensure that all California employees are paid the new minimum wage of $8 per hour starting January 1, 2008. With this increase, California will tie Massachusetts for the highest minimum wage rate in the country...
CA Supreme Court Grants Review In Harris v. Superior Court
Posted on November 29, 2007The California Supreme Court granted review of Harris v. Superior Court. As previously posted about here, the only legal issue reviewed by the lower appellate court was the proper construction and application of the single phrase limiting exempt administrative duties to those that are “directly related to management policies or general business operations...
IRS Mileage Rate Set For 2008
Posted on November 28, 2007The IRS announced the standard business mileage rate for 2008 is 50.5 cents per mile. The IRS posted the following on its website yesterday: The Internal Revenue Service today issued the 2008 optional standard mileage rates used to calculate the deductible costs of operating an automobile for business, charitable, medical or moving purposes...
Much To Be Thankful For
Posted on November 21, 2007For it is true that everywhere men turn their eyes today much of the world has a truly wild and savage hue. No man, if he be truthful, can say that the specter of war is banished. Nor can he say that when men or communities are put upon their own resources they are sure of solace; nor be sure that men of diverse kinds and diverse views can live peaceably together in a time of troubles...
No "No-Match" Letters For The Rest Of The Year
Posted on November 20, 2007The Department of Homeland Security (DHS) announced last Friday that it will not be issuing "no-match" letters for the remainder of the year. The reasons for staying the process of sending out the letters is due to the recent court decision blocking new regulations proposed by the DHS...
UPDATE: House Passes Employment Non-Discrimination Act
Posted on November 09, 2007The House of Representatives passed the Employment Non-Discrimination Act (ENDA) yesterday by a vote of 235 to 184. As stated in a previous post here, ENDA would ban employment discrimination based on an individual's sexual orientation although the version of the Bill passed by the House, H...
The EEOC's Hard Times Continue
Posted on November 07, 2007You may have read some of our posts (here for example) about the EEOC’s recent losses and/or dressing downs by the courts. Well, the hits keep on coming, and now it is the U.S. Supreme Court chastising the EEOC for the way it conducts business...
Gattuso v. Harte-Hanks: Positive Ruling for Employers
Posted on November 06, 2007In Gattuso v. Harte-Hanks, the California Supreme Court shed some light on the relatively unexamined issue by the courts of expense reimbursement. At issue in the case was whether Harte-Hanks could reimburse its outside sales force for mileage by paying a higher “lump sum” in the form of wages and/or commissions, as opposed to paying a specified sum for each mile driven...
California Enacts Military Spouse Leave Law (Effective Immediately)
Posted on November 05, 2007Governor Schwarzenegger recently signed California Assembly Bill (AB) 392 into law. That bill creates a new leave of absence right for spouses of military personnel while those personnel are on a leave of absence from deployment. Specifically, the military spouse law provides that: Employers with 25 or more employees in the United States to allow eligible employees to take up to 10-days off from work, on an unpaid basis, when his/her spouse is on leave from deployment during a period of military conflict; Eligible employees are defined as employees who work at least an average of 20 hours per week and whose spouse is a member of the United States Armed Forces, National Guard, or Army Reserve on active duty in an area of military conflict; Employees must provide notice to the employer within 2 business days of receiving official notice that his/her spouse will be on a leave from deployment...
Background Checks and References
Posted on November 04, 2007An employer’s obligations in conducting background checks and providing references for former employees is an extremely nuanced area of employment law and could expose an employer to significant liability. As explained below, conducting background checks/reference checks is critical for employers to defend themselves from negligent hiring/supervision claims...
Gattuso v. Harte-Hanks Supreme Court Decision Forthcoming Next Week
Posted on November 02, 2007The California Supreme Court announced today that it will be issuing a decision on November 5 at 10:00 a.m. in the closely watched mileage reimbursement case. The Supreme Court issued the following notice: GATTUSO (FRANK) v. HARTE-HANKS SHOPPERS, INC...
Three Family Leave Bills Vetoed By Governor
Posted on October 16, 2007California employers should breath a sigh of relief as Governor Schwarzenegger vetoed three bills that provided for expanded leave rights under California law. Two of the bills vetoed by the Governor - AB537 and SB727 - proposed to expanded both the unpaid and paid leave programs to include care for a sibling, mother- or father-in-law, grandparent or grandchild...
How To Stop An Ex-Employee From Spreading Rumors Via the Internet
Posted on October 15, 2007How can a company prevent a former employee from spreading false rumors about the company on the Internet? One answer, as according to Kevin O’Keefe, is counter intuitive. Kevin’s answer to the question in a bit, but first: What are the legal options a company can take to prevent an ex-employee from gossiping about the company on the Internet and possibly hurting the company’s reputation? In California, generally speaking there is not much a company can do...
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On Tuesday, the California Senate Judiciary Committee approved by ...
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I am posting this to draw attention to what should be simply routi...
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California divorce is often a time-consuming process
California divorce is often a time-consuming process By Ron Sokol,...
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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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Model example of 1st Amendment suppression by the People of New York City's Michael Bloomberg #OWS #NYPD
On 07-12 at 21:07PM
AG Holder lackadaisical on Operation in our Sites domain name seizures & RIAA lobbied free speech suppression @dajaz1
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On 05-15 at 21:52PM
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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