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California

You’re not Dr. Phil! Resist temptation to label underperformers’ problems

07/23/2013
We all use psychological lingo to describe behavior we find annoying or disturbing. But when such terms are used in the workplace, that armchair analysis can create needless legal headaches.

Despite high-profile cases, class-action waivers still aren’t silver bullets in California

07/23/2013
For years, many California courts refused to enforce class-action waivers, exposing California businesses to class-action liability regardless of any agreement with employees or customers to forgo class litigation. The U.S. Supreme Court’s decision in AT&T Mobility v. Concepcion was supposed to change all that. It didn’t.

Medical pot laws don’t prohibit drug testing

07/23/2013
You are free to tell employees they can be terminated for having marijuana in their systems and then randomly test for the substance. That’s true even if a doctor recommends that the employee use medical marijuana.

California court to decide key arbitration case

07/23/2013
In an important decision on whether employers can limit an employee’s access to an administrative hearing on wage claims, the California Supreme Court has ordered the parties to file supplemental briefs in light of a recent U.S. Supreme Court decision. In American Express Co. v. Italian Colors Restaurant, the U.S. Supreme Court confirmed its long-standing rule that arbitration clauses under the Federal Arbitration Act will be enforced.

Is a minimum wage hike on the way?

06/27/2013
Q. Is it true that the California state minimum wage is increasing soon?

What are the rules for providing, paying for employee uniforms?

06/27/2013
Q. We would like to require employees to pay for their own uniforms. Is this legal? If not, we would like to require employees to purchase uniforms. Then we would reimburse them. Is that OK, or must we purchase the uniforms and provide them to the employees?

With DLSE enforcement up, get your pay practices in order

06/27/2013
California Labor Commissioner Julie Su has issued a report summarizing the enforcement activity of the Division of Labor Standards Enforce­­ment in 2011 and 2012. Its conclusion: The DLSE has significantly increased the number and scope of its enforcement actions during the first two years of Gov. Jerry Brown’s administration.
Our conclusion: Now more than ever, employers should ensure that their pay practices comply with Cali­­for­­nia law.

Lab must pay $2.73 million to wrongly fired workers

06/27/2013
A San Francisco jury has awarded $2,729,037 to five former employees of the Lawrence Livermore National Laboratory who alleged wrongful termination and breach of their employment contracts.

Adult care facilities cited for wage theft violations

06/27/2013
Three Bay Area adult care facilities face nearly $600,000 in fines for not paying overtime or the minimum wage and failing to provide meal breaks.

Court: Unions entitled to info about nonunion employees

06/27/2013
In a significant win for organized labor, the Supreme Court of California has ruled that a union is entitled to the home addresses and telephone numbers of employees who aren’t union members.