By Calvin House | Published September 2, 2012 | Posted in Uncategorized | Comments Off on Workers Compensation Preemption
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Workers 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
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Covenants 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
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Establishing 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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Joint Employment
As we have pointed out in previous posts (One Worker, Two Related Employers, Who Is The (An) Employer), there may be more than one person involved on the employer side of an employment relationship. If each of those persons has enough control, a joint employment relationship may be created. Here, we examine the concept in the Read More
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Exemptions from Wage and Hour Requirements: Highly Compensated
The U.S. Department of Labor’s regulations include an exemption for highly compensated employees. Because California law does not contain a similar exemption, the exemption is only relevant for California employers in the rare circumstance where an employee is exempt under California law, but not under the federal Fair Labor Standards Act. The exemption is found Read More
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Exemptions from Wage and Hour Requirements: Commissioned Employees
Federal and state wage and hour laws both exempt certain employees who earn commissions from their overtime requirements. The Fair Labor Standards Act contains the following exemption: “No employer shall be deemed to have violated subsection (a) by employing any employee of a retail or service establishment for a workweek in excess of the applicable Read More
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Exemptions from Wage and Hour Requirements: Professional
Although both federal and state law exempt professional employees from the wage and hour laws, the application of the exemption to some employees differs. The exemption under the federal Fair Labor Standards Act is for an employee (1) who is compensated on a salary or fee basis at a rate of not less than $455 Read More
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Exemptions from Wage and Hour Requirements: Administrative Employees
The federal and state exemptions for administrative employees are phrased similarly, but may differ in their application to particular jobs. The federal standard appears in 29 CFR section 541.200, which provides that an administrative employee is one (1) who is paid a salary of at least $455 per week, (2) whose primary duty is the performance of Read More
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Exemptions from Wage and Hour Requirements: Executive
Both California and federal law recognize an exemption for employees in executive positions. The elements of the exemption are substantially the same. Both standards require that the employee be paid on a salary basis, as discussed in an earlier post. The federal definition appears in the Department of Labor’s regulations at 29 CFR section 541.100. Under that Read More
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Exemptions from Wage and Hour Requirements: Salary Basis
Three of the exemptions that we will discuss in upcoming posts (executive, administrative and professional) require that the employee be paid on a salary basis. This post will help you understand that critical concept. Both federal and state law have the same general definition of what it means to be paid a salary. The employee Read More
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