By Calvin House | Published September 27, 2014 | Posted in Uncategorized |
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Calvin House
What Is A “No Poaching” Claim?
Some employee lawyers have invoked antitrust laws to target large employers who allegedly have agreed not to solicit, or “poach,” employees from their competitors. The term got public attention in 2011, when a class action lawsuit filed against a number of tech companies, including Adobe, Google, Intel and Apple, alleged that they agreed not to Read More
Read MoreGPH Employment Law Blog: California Supreme Court Says Franchisor Not Liable For Harassment By Franchisee’s Employee
Although Domino’s Pizza exercises some control over the conditions at its franchisees’ pizza stores, it does not exercise enough control to qualify as the employer of those who work in the stores. So the California Supreme Court has ruled in a case alleging sexual harassment at a franchisee’s store. Patterson v. Domino’s Pizza, LLC, Case No. Read More
Read MoreCalifornia Employers Must Pay Employees for Required Use of Personal Cell Phones
According to a recent Court of Appeal decision, Labor Code section 2802 requires employers to reimburse employees who must use their personal cell phones for work-related calls. Cochran v. Schwan’s Home Service, Inc., Case No. B247160 (Aug. 12, 2014). Section 2802 provides: “An employer shall indemnify his or her employee for all necessary expenditures or losses incurred by Read More
Read MoreAre Franchisors Joint Employers With Their Franchisees
The recent announcement by the NLRB’s Office of the General Counsel that it has authorized complaints against McDonald’s USA for NLRA violations allegedly committed at franchised restaurants raises the general issue of potential franchisor liability for labor and employment violations by their franchisees. Reported decisions on the subject are scarce. In two cases decided over 45 years Read More
Read MorePregnancy-Related Conditions As Disablities
Recent developments in California and federal law make clear that employers are going to have to consider reasonable accommodations under the disability laws for pregnant women who have impairments related to their pregnancies. Such accommodations may include unpaid time off or assignment to a light duty position while the pregnant employee is unable to perform Read More
Read MoreCalifornia court confirms employers may deduct from exempt employee leave banks
The San Diego division of the Court of Appeal has confirmed that California employers may deduct from exempt employee leave banks for partial-day absences, without destroying the employee’s exemption. General Atomics provided its employees with a set amount of paid annual leave determined by the employee’s length of service. Employees could draw upon the paid Read More
Read MoreMinimum Wage On The Rise
Pressure is mounting at the national, state and local levels to boost the minimum wage. There is pressure on the Los Angeles City Council to raise the minimum for the City to $15. On July 14, 2014, the San Diego City Council took the first step toward raising the minimum to $11.50 by January 2017. The federal minimum wage establishes Read More
Read MoreCalifornia’s Commissioned Employee Exemption
In response to an inquiry from the Ninth Circuit, the California Supreme Court has explained how earnings should be allocated when determining whether a commissioned employee’s wages exceed one and a half times the minimum wage. That is one of the elements of California’s commissioned employee exemption from overtime requirements. See Wage Order No. 4, section 3(D). Read More
Read MoreUnauthorized Aliens May Sue For Discrimination
The California Supreme Court has ruled that unauthorized aliens may sue for discrimination under the Fair Employment and Housing Act. The ruling came in a disability discrimination lawsuit brought by an employee who had used another’s social security number and card to verify his employment eligibility. Salas v. Sierra Chemical Co., Case No. S196568 (Cal. Supreme Read More
Read MoreDoes stress from rush hour traffic require an accommodation?
That is the question posed by a disability discrimination complaint filed recently in New Jersey. Andrea DeGerolamo alleges that she suffered from “great anxiety and depression which was especially aggravated by crowded roadways experienced during the heavy traffic of rush hour.” According to her complaint, her employer initially accommodated her by allowing her to come in after Read More
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