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Employment Law

Carefully track exactly who applies for jobs

01/30/2017

If you advertise job openings and someone does not apply, they’re going to have a hard time proving that you discriminated against them.

Could you prove employee really signed agreement?

01/30/2017
If you use arbitration agreements to resolve workplace disputes, make sure you can prove that the employee actually agreed to the terms.

Tricky compensation arrangements are not a do-it-yourself project

01/30/2017
If you are tempted to use obscure provisions of California’s labor and employment laws to pay your employees, make sure you (and your attorney) pay close attention to the details.

California Supreme Court’s big break ruling: Workers must be completely relieved of duties

01/30/2017
On Dec. 22, 2016, the Supreme Court of California ruled that California law prohibits on-duty and on-call rest periods.

Santa Ana, Calif. eatery serves up $96K in back OT, penalties

01/30/2017
The couple who owns El Calamar restaurant in Orange County has agreed to settle federal charges that they violated the Fair Labor Standards Act when they failed to pay cooks for all the overtime they worked.

Job–not job description–counts for exemption

01/30/2017
A job description that specifies that an employee’s position is exempt and delineates job duties that fit an exemption isn’t enough to establish exempt status.

Court: Schedule change can be an adverse action

01/26/2017
Something like a schedule change that really affects an employee can be seen by a court as serious enough to warrant litigation.

2016 EEOC charges rose in all major categories

01/26/2017
The EEOC handled 91,503 charges of workplace discrimination in fiscal year 2016, a 2.4% increase overall.

Overtime changes still on hold; likely shelved by Trump’s DOL

01/26/2017
The controversial changes to U.S. overtime law—on hold since a Texas court’s Nov. 22 preliminary injunction—are still frozen in the courts.

Republican group urges Trump: Keep LGBT protections for contractors

01/24/2017
The Log Cabin Republicans, an advocacy group for lesbian, gay, bisexual and transgender conservatives, has appealed to the Trump administration.