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California

If it’s carefully crafted, you can make an arbitration agreement stick

06/27/2013
Good news for employers that want to settle employment-related disputes through arbitration instead of risking a jury trial. The Court of Appeal of California has upheld an arbitration agreement that was presented to all employees when they were hired.

Keep all lawsuit settlements confidential!

06/27/2013
Here’s an important warning for employers that end discrimination or harassment lawsuits with settlement agreements that include a confidentiality clause: Keep those terms confidential and accessible only to those who absolutely need to know. Otherwise, you could wind up facing a retaliation lawsuit if word of the settlement leaks out …

Temp nursing firm settles wage claims for $1.77 million

06/27/2013
U.S. Nursing Corp., a temp agency that provides replacement nurses to hospitals when staff go on strike, has agreed to pay $1.77 million to settle a class-action lawsuit filed by California employees.

Court to decide: Are meal-break waivers legal?

06/27/2013
Here’s an important case to watch if some of your em­­ployees can’t take regular meal breaks. The Court of Appeal of California will soon determine if an agreement requiring employees to eat while working (and being paid) violates California labor codes for one class of employees.

Pay regular salary to preserve exempt status

06/27/2013
Adhere to standard payroll practices if you want to avoid paying unnecessary overtime for otherwise exempt employees. One of those standards is to pay a set salary regardless of the quantity or quality of work performed in a particular week.

Feel free to regulate worker conduct in company van

06/06/2013
Good news for employers worried about their public image: If you provide carpool transportation for your employees and want to control their behavior while using that transportation, you can.

Can we change full-timer to part-time after maternity leave?

05/20/2013
Q. We are a small company and have seven employees. One of our employees recently went out on a leave of absence for pregnancy. During that time, we hired a replacement worker to do the same job. The replacement only worked part time, but was still able to complete work that our employee did full time. When our employee returns to work, we would like to change her job status from full time to part time. Is this legal?

Supreme Court rules FLSA class-action properly dismissed as moot

05/20/2013

The U.S. Supreme Court has ruled that a class-action lawsuit filed by a worker under the FLSA was properly dismissed because the ­worker’s suit was moot when she failed to accept an offer of judgment from her employer.

Disability-bias suit seeks promotional video captions

05/20/2013
A hearing-impaired Los Angeles man is suing the Bed Bath & Beyond retail chain, complaining that it fails to provide captions or transcripts for the promotional videos that play in the aisles of its stores.

San Jose minimum wage increases to $10 per hour

05/20/2013
The San Jose Minimum Wage Ordinance, which took effect on March 11, raised the minimum wage for “covered employees” to $10 per hour. A “covered em­­ployee” is anyone who works two or more hours per week within the city limits.