By Calvin House | Published September 18, 2011 | Posted in Uncategorized |
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Think Twice About A Lawsuit Against An Employee
A recent high profile trial illustrates the dangers employers face when they assert claims against their employees. On Friday, September 16, a Los Angeles Superior Court jury awarded bond trader Jeffrey Gundlach $67 million in a lawsuit that was started by the company that fired him — Trust Company of the West. Claiming that it feared he was Read More
Read MoreSocial Workers and the Learned Professional Exemption
Both the Fair Labor Standards Act (FLSA) and the California Labor Code require employers to pay overtime to all employees who do not qualify for one of the exemptions to those statutes. One of the exemptions that both statutory schemes recognize is that for learned professionals. In this post, we consider whether a social worker Read More
Read MoreWe’re Applying For Listing at Technorati
Technorati is a blog directory service and much, much more. The site has become the definitive source for the top stories, opinions, photos and videos emerging across news, entertainment, technology, lifestyle, sports, politics and business. It tracks not only the authority and influence of blogs, but also the most comprehensive and current index of who and Read More
Read MoreAfter-Acquired Evidence of Wrongdoing May Defeat Wrongful Termination Claim
Even after you get sued for wrongful termination, it is not too late to come up with a reason for firing an employee. In appropriate circumstances, an employer may invoke the doctrine of after-acquired evidence as a complete or partial defense. The question in such cases is whether the evidence establishes that the employee would Read More
Read More“Me Too” Evidence in Discrimination and Harassment Cases
“Me too” evidence is testimony from a plaintiff’s co-workers that they were subjected to inappropriate conduct similar to that experienced by the plaintiff. Such evidence can provide powerful support for a plaintiff’s case by taking it out of the realm of he said, she said. On the other hand, the use of such evidence can Read More
Read MoreSocial Media In The Workplace
Social media (Facebook, Twitter, LinkIn, the new Google+ and many other similar services) can provide welcome exposure for businesses and their employees (, but also pose risks. While the owner of a number of vacation cottages in Nova Scotia was able to book all her cottages with the help of Facebook, Domino’s Pizza faced a public relations Read More
Read MoreContractor Liability for Subcontractor Wage and Hour Violations
A 2003 statute makes those who contract with another for certain services liable for the other’s wage and hour violations if they know or should know that the contract did not include funds sufficient to allow the other to comply with wage and hour laws. As explained in a State Assembly Report, Labor Code section 2810was enacted Read More
Read MoreVacation or Sabbatical?
In most jurisdictions, it would not matter whether an employee’s paid absence from work was considered vacation or a sabbatical. But, in California, if an employer’s policy establishes vacation, the right to paid leave accrues day by day and is never lost. If the policy establishes a sabbatical, the employer can impose conditions and impose Read More
Read MoreEmployee Privacy
A recent decision by the First District Court of Appeal in San Francisco reminds that employers must be sure to protect employee privacy. In Life Technologies Corp. v. Superior Court, Case No. A131120 (Jul. 14, 2011), the court reversed an order granting discovery of individually-identifying personnel information in an age discrimination and retaliation lawsuit. The question Read More
Read MorePrivate Attorney General and Class Action Waivers
A recent case alleging Labor Code violations by Ralphs Grocery Co. discusses the current state of the law regarding waivers of the right to pursue class actions and private attorney general claims. The arbitration policy at issue in Brown v. Ralphs Grocery Co., Case No. B222689 (2nd Dist. Ct. App. Jul. 12, 2011) provided for arbitration Read More
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