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Employment Law

Supreme Court backs employee following ‘cat’s paw’ boss bias

03/24/2011
The U.S. Supreme Court has unanimously ruled that an employer may be held liable for employment discrimination under the Uniformed Services Employment and Reemployment Rights Act (USERRA), based on the discriminatory animus of an employee who influenced, but did not make, an ultimate employment decision.

How to discipline employees for working unauthorized OT

03/24/2011
Hourly employees know that if they work overtime, their employer must pay them for the extra hours. That’s true, but it doesn’t mean they can work OT whenever they feel like it. Here’s how to end unauthorized overtime:

Employees, employers embrace S.F. paid leave ordinance

03/23/2011

Employees and employers alike have embraced San Francisco’s generous paid sick leave law, according to a new survey by the nonprofit Institute for Women’s Policy Research. The law, enacted in 2007 after being approved by San Francisco voters, requires employers to credit workers with one hour of paid sick leave for every 30 hours they work.

FMLA isn’t carte blanche for all sick leave

03/23/2011

Some employees with chronic health conditions believe that getting approved for intermittent FMLA leave means they can take protected time off anytime they feel sick. That’s simply not true. Intermittent leave can only be taken for illness, treatment or flare-ups directly related to a condition for which a health care provider has certified intermittent leave.

What’s the California law on tip credits?

03/22/2011
Q. We are a national restaurant chain that pays our waiters and waitresses less than the minimum wage because they earn tips. We are planning to open our first restaurant in California. Can we continue to pay our tipped employees less than the minimum wage?

Under a PTO plan, how should we handle payouts when employees quit or get fired?

03/22/2011
Q. Our company is considering replacing sick leave and vacation benefits with a paid time off (PTO) system. Under a PTO plan, how should we handle it when an employee resigns or is terminated?

NLRB names new Oakland regional director

03/22/2011
The National Labor Relations Board has appointed William A. Baudler as the regional director to its regional office in Oakland, where he is responsible for enforcing the National Labor Relations Act in northern California and northern Nevada.

Metallica drummer will try to beat overtime lawsuit

03/22/2011
The former personal assistant to Lars Ulrich filed a lawsuit claiming the Metallica drummer violated state and federal laws by failing to pay him overtime. Steven Wiig claimed he worked between 50 and 70 hours per week, on duty at Ulrich’s home, in recording studios and during Metallica’s worldwide tours.

Ask attorney to help set up independent contractor deals

03/22/2011
If you want to create independent contractor relationships, get expert legal advice on how to structure the contract.

Beware relying on arbitration agreements: They’re California courts’ pet peeves

03/22/2011
You may have heard that arbitration agreements are a great way to avoid lengthy and potentially costly employment discrimination lawsuits. But before you decide to use an arbitration agreement, remember that California courts don’t like them very much.