By Calvin House | Published January 8, 2012 | Posted in Uncategorized | Comments Off on Insurance Agent Is An Independent Contractor, Not An Employee
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Insurance Agent Is An Independent Contractor, Not An Employee
The enactment by the California legislature of new penalties for willful misclassification of independent contractors should have employers paying close attention to the applicable standards. (See Labor Code section 226.8.) A recent decision from the First District Court of Appeal in San Francisco is instructive. Arnold v. Mutual of Omaha Ins. Co., Case No. A131440 (Dec. 30, Read More
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California Supreme Court Punts On Clarifying Exemption Rules
The California Supreme Court has passed on an opportunity to provide California employers with clear guidelines for applying the exemptions from the state’s wage and hour rules. In Harris v. Superior Court, Case No. S156555 (Dec. 29, 2011), the Court chastised the Court of Appeal for applying an “administrative/production worker dichotomy” as a dispositive test for Read More
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Reporting Time Pay and Split Shifts
A recent decision from the Second District Court of Appeal in Los Angeles discusses two requirements found in the the California wage orders — minimum pay for those who show up to work but are sent home early, and extra pay for those who work a split shift. Aleman v. Airtouch Cellular, Case No. B231142 (Dec. Read More
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Religious Institutions and Anti-Discrimination Laws
A recent decision from the Santa Ana division of the Fourth District Court of Appeal prompts a look at how the anti-discrimination laws apply to religious institutions. In Henry v. Red Hill Evangelical Lutheran Church of Tustin, No. G044556 (Dec. 9, 2011), the Court of Appeal affirmed the dismissal of a discrimination claim by a teacher Read More
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Public Entities and Implied Employment Contracts
The California Supreme Court recently provided an answer to the Ninth Circuit that may affect litigation between local governments and their employees. On the appeal from dismissal of a claim against Orange County for changing retired employee health benefits, the Ninth Circuit wanted to know whether a county could form an implied contract. In Retired Employees Read More
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The Customer Is Not Always Right
Businesses succeed by satisfying their customers. In a phrase coined by either Marshall Field or Harry Gordon Selfridge: “The customer is always right.” But, where a customer’s wishes collide with an employee’s legal rights, the employer may have to ignore the customer’s wishes. A 2010 case from the United States Court of Appeals for the Read More
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Does It Matter Whether Your Employees Are At-Will?
Some private employers worry whether they have done enough to preserve their at-will employment relationship with their employees. Others make risky decisions based on the unjustified belief that the at-will employment doctrine will protect them from liability. (Public employers do not face these issues, because their employees enjoy statutory and constitutional rights to their jobs. In Read More
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Mandated Leaves in California
Employers in California must comply with three overlapping statutes that require them to give their employees time off — the federal Family and Medical Leave Act (FMLA), the California Family Rights Act (CFRA), and the pregnancy disability leave provisions of the Fair Employment and Housing Act (PDL). This post will give you the basics. If Read More
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Using California’s Anti-SLAPP Statute in Employment Litigation
California has a statute that is designed to discourage Strategic Lawsuits Against Public Participation. It is written broadly enough to permit its use in some employment lawsuits. The advantage to defendants in cases where the anti-SLAPP statute applies is that it puts the burden on the plaintiffs early in their lawsuits to provide some evidence to Read More
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New California Employment Laws
It has been a busy few weeks on the legislative front in California. After a closing flurry of activity from the legislature, Governor Brown this week finished signing and vetoing the various bills that made their way to his desk. Here are some new laws that will impact employers, beginning January 1, 2012: SB 299: This Read More
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