By Calvin House | Published October 28, 2012 | Posted in Uncategorized |
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Employer Electioneering
Election day 2012 is just around the corner. A recent New York Times articlereports that employers have been emboldened by the ruling in Citizens United v. Federal Election Commission, 558 U.S. 50 (2010) to express their political views to their employees. Employers in California should be careful in how they go about doing so. Cal. Lab. Code section 1101 provides: “No Read More
Read MoreEmployment Cases on the Supreme Court’s 2012-13 Docket
The U.S. Supreme Court‘s new term got under way on October 1, the first Monday in October. Here are the employment cases for which the Court has so far granted review. We will update this posting with developments in these cases and any other employment cases for which review is granted. Kloeckner v. Solis, No. 11-184. The question Read More
Read MoreWhy Does the NLRB Get Involved in Non-Union Workplaces?
Although the National Labor Relations Board spends much of its time dealing with union vs. management issues, recent publicity about its rulings on social media in the workplace have reminded us that its jurisdiction extends into non-union environments. This post explains the source and contours of that jurisdiction. The NLRB exercises jurisdiction over all private Read More
Read MoreEnglish Only Policies
Employers concerned about how their customers and other employees may react to the use by some employees of languages other than English may wish to impose an English only policy. The EEOC recently settled a case that involved allegedly improper language policies at a large hospital in California’s San Joaquin Valley. The press release announcing Read More
Read MoreERISA Preemption Of Vacation Policies
Federal law preempts all state laws that relate to “any employee benefit plan” covered by the Employee Retirement Income Security Act. Employers may use the preemptive effect of ERISA to avoid California law on the accrual and vesting of vacation benefits, if they observe the rules for making vacation pay part of an ERISA benefit Read More
Read MoreCalifornia Employment Law Changes for 2013
The Legislature and Governor Brown have completed their law-making activities for the 2011-2012 regular legislative session. The following laws that affect employers will become effective January 1, 2013: Social media: AB 1844 bars employers from requiring or requesting an employee or applicant for employment to disclose a user name or password for the purpose of accessing personal social Read More
Read MoreExemptions from Wage and Hour Requirements: Motor Carrier
The Fair Labor Standards Act exempts from the overtime requirement “any employee with respect to whom the Secretary of Transportation has power to establish qualifications and maximum hours of service.” 29 U.S.C. section 213(b)(1). This is known as the motor carrier exemption. The California wage orders contain a similar exemption. See, for example, Wage Order No. 9-2001, Read More
Read MoreWorkers Compensation Preemption
The workers compensation system provides the exclusive remedy against an employer for an employee who is injured at work, except when it does not. Here, we explore the extent to which the workers compensation remedy preempts tort and other remedies against an employee’s employer and fellow employees. Through the “compensation bargain,” “the employer assumes liability Read More
Read MoreCovenants Not To Compete
A recent decision from the Santa Ana division of the Fourth District Court of Appeal prompts consideration of California law on covenants not to compete. Fillpoint, LLC v. Maas, Case No. G045057 (Aug. 24, 2012). From the days of common law employers have found it difficult to enforce promises by their employees not to compete after Read More
Read MoreEstablishing Essential Functions
Establishing the essential functions or duties of an employee’s job is critical for assuring compliance with both the Americans with Disabilities Act and the disability provisions of the California Fair Employment and Housing Act. Both laws protect those employees who are able to perform the essential functions or duties of their jobs with or without Read More
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