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California

California Supreme Court redefines ’employer’

06/18/2010
The California Supreme Court has ruled that California law on who is or is not an employee goes beyond the definition contained in the federal Fair Labor Standards Act and includes a broader measure of who is an employer.

Millions at stake in video gamers’ real-life battle

05/25/2010
It’s hand-to-hand combat between video gaming giant Activision Publishing and two former executives of its Infinity Ward software development studio subsidiary. At stake in the courtroom war: Tens of millions of dollars in damages and untold millions in profits from Activision’s lucrative “Call of Duty” war gaming franchise.

Can we require employees to use accrued paid leave instead of FMLA leave?

05/24/2010
Q. One of our supervisors needs time off to undergo medical treatment. Instead of FMLA leave, may we require him to use accrued vacation for the time he will miss?

What should we do? We’ve heard rumors that some employees are downloading porn at work

05/24/2010
Q. All of our employees have Internet access at work. We have heard rumors that several employees have been logging onto pornographic and other inappropriate sites, and have been displaying or disseminating objectionable material to others in the workplace. Even though we have not received a formal complaint, do we have an obligation to address this now?

What documentation do we need to hire minors as seasonal employees?

05/24/2010
Q. We would like to hire several high school students to work in our retail store for the summer. Do we need to take any extra steps in our hiring process if we want to employ minors?

Mandatory employment arbitration agreements in California

05/24/2010
The California Supreme Court has issued a decision providing useful clarification to employers that want to revise or enforce existing mandatory arbitration agreements.

Duplicate systems led to OT shortages, university worker says

05/24/2010

An enrollment counselor is suing the online University of Phoenix for unpaid overtime, and wants to expand her lawsuit to include everyone else who worked as enrollment counselors in California over the past three years. Diane Adoma claims the university deliberately underpaid for overtime hours.

Health Net heads to court to fight wage-and-hour lawsuit

05/24/2010
A former customer service rep at Health Net Inc., a nationwide health maintenance organization based in Woodland Hills, is suing the company for requiring off-the-clock work … and she’s trying to turn the Fair Labor Standards Act suit into a class action that could involve hundreds of workers.

Employer isn’t responsible if it doesn’t know of retaliation

05/24/2010

Employees sometimes get angry if they’re implicated when a co-worker complains about alleged discrimination. They may retaliate by ostracizing the complainer. But that’s not enough to hold the company liable for retaliation—as long as it never knew about the problem.

Isolated offensive words don’t always mean hostile workplace

05/24/2010
Some employees think that any negative comment that touches on race or nationality means they have a hostile work environment case. That’s just not true, especially when there’s no evidence that the work environment hurt the employee’s ability to perform her job.