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22 05, 2017

THE “DAY OF REST” REQUIREMENT OF LABOR CODE SECTIONS 551 AND 552

By | 2017-05-22T07:42:48+00:00 May 22nd, 2017|Labor & Employment Law, wage and hour law|Comments Off on THE “DAY OF REST” REQUIREMENT OF LABOR CODE SECTIONS 551 AND 552

Earlier this month, the California Supreme Court issued rulings on three previously-unanswered questions relating to the “Day of Rest” requirement of Labor Code Sections 551 and 552. In Mendoza v. Nordstrom, Inc., decided May 8, 2017, the Court first addressed the meaning of §551 (“[E]very person employed in any occupation of labor is entitled to [...]

11 04, 2017

Are Class Action Waivers Enforceable in California?

By | 2017-04-11T07:56:05+00:00 April 11th, 2017|Civil Litigation, Contract law, Labor & Employment Law, Uncategorized|Comments Off on Are Class Action Waivers Enforceable in California?

While there is no doubt California courts have openly expressed hostility toward the enforcement of class action waivers, state court and ninth circuit court decisions finding such waivers unenforceable have been consistently reversed on appeal to the United States Supreme Court, where the waivers are contained in an agreement to arbitrate pursuant to the Federal [...]

22 10, 2016

REQUIRED NOTICES FOR TERMINATING EMPLOYEES IN CALIFORNIA

By | 2017-03-10T15:54:38+00:00 October 22nd, 2016|Labor & Employment Law|Comments Off on REQUIRED NOTICES FOR TERMINATING EMPLOYEES IN CALIFORNIA

REQUIRED NOTICES FOR TERMINATING EMPLOYEES IN CALIFORNIA These lists of notices are grouped by federal requirements and California requirements, with links to applicable notices, laws, and forms. There are other additional documents which may be recommended or required under specific circumstances, such as an employee separation agreement. Please consult with an employment law attorney before [...]

28 09, 2016

California’s New Overtime Exempt Minimum Increases to $41,600 and Minimum Wage Set to Increase to $15 per Hour

By | 2016-12-14T11:06:12+00:00 September 28th, 2016|Labor & Employment Law|Comments Off on California’s New Overtime Exempt Minimum Increases to $41,600 and Minimum Wage Set to Increase to $15 per Hour

Many of our business clients are still adjusting to the new California minimum wage, which increased to $10.00 per hour as of January 1, 2016. This state-wide increase has also resulted in a surge in the annual amount California employees must earn to satisfy the “salary test”—the first of two prongs in the test to [...]

14 07, 2016

Anti-SLAPP Motions in Connection with Employment Law Claims

By | 2016-12-14T11:16:08+00:00 July 14th, 2016|Business Law, Business Litigation, Labor & Employment Law|Comments Off on Anti-SLAPP Motions in Connection with Employment Law Claims

Employers and employees alike should be aware of the not-so-new litigation device known as the anti-SLAPP motion to strike. This motion, typically filed in the early stages of a case, is designed to strike a Complaint before it gets off the ground. SLAPP refers to “Strategic Litigation Against Public Participation.”  An anti-SLAPP motion is one [...]

10 05, 2016

Fraudulent Inducement of Employment Contract

By | 2016-12-14T11:21:58+00:00 May 10th, 2016|Labor & Employment Law|Comments Off on Fraudulent Inducement of Employment Contract

This article discusses California law with regard to fraudulent inducement of employment, a situation in which an employer is alleged to have made false statements to a prospective employee for the purpose of inducing the candidate to accept the employer’s job offer. It also explores the remedies available to an employee against an employer where [...]

6 04, 2016

Common Contract Clauses

By | 2016-12-14T11:30:42+00:00 April 6th, 2016|Business Contracts, Labor & Employment Law|Comments Off on Common Contract Clauses

Common Contract Clauses Our business law clients often wonder why their contracts include some version of the following contract provisions. These clauses may seem unnecessary to a business owner or layperson. However, each of these common contract provisions does serve an important purpose in protecting a client’s interests, as described by our business lawyers below: Merger [...]

1 04, 2016

California Minimum Wage 2016

By | 2016-12-14T12:03:13+00:00 April 1st, 2016|Business Contracts, Business Law, employment discrimination, Labor & Employment Law, wage and hour law|Comments Off on California Minimum Wage 2016

Economic Justice or Economic Devastation: What Does the Proposed Minimum Wage Hike to $15 an Hour Mean to Your Business? Most California business owners are aware that the minimum hourly wage rose to $10 per hour for all industries on January 1, 2016.[1] However, many of the same business owners are only beginning to recognize [...]

28 02, 2016

Protecting Trade Secrets Using Employment Agreements

By | 2016-12-14T12:58:00+00:00 February 28th, 2016|Business Contracts, Business Law, Business Litigation, Commercial Law, Contract law, Labor & Employment Law|Comments Off on Protecting Trade Secrets Using Employment Agreements

Introduction Most California business owners know that a provision in an employment contract which purports to prevent a former employee from competing with the employer’s business is unenforceable in California. Under California law, there is a strong and clear policy favoring the free and unfettered rights of workers to find work where they can, using [...]

18 02, 2016

Docking Employee Pay for Rest Periods in California

By | 2016-12-14T12:53:50+00:00 February 18th, 2016|Business Litigation, Labor & Employment Law, wage and hour law|Comments Off on Docking Employee Pay for Rest Periods in California

Introduction As with so many legal issues, a determination as to when it is legally permissible to “dock” an employee’s pay for rest periods requires knowledge of employment law and an analysis of the particular circumstances. This article, written by our leading wage and hour attorney, highlights circumstances in which docking employee pay for rest [...]