As many California employers know all too well, wage and hour class actions are on the rise. A quick Google search of any combination of the words “California”, “wage and hour” and “class actions” results in thousands of results, a number of them actual cases involving disgruntled employees seeking millions of dollars from their employers.…
The Ninth Circuit recently found unenforceable a class (or “collective”) action waiver requiring employees to arbitrate their claims individually. In other words, requiring class action waivers as a condition of hire or continued employment violates the National Labor Relations Act (NLRA). The NLRA applies to both unionized and many private, non-unionized workforces and protects covered…
California has been home to many a class action lawsuit surrounding meal and rest breaks, both before and after the state Supreme Court’s crucial 2012 decision in Brinker Restaurant Corp. v. Superior Court. Consequently, California employers have a sharp interest in making their break policies and practices as compliant as possible. The Basic Rest Break…
2016 is a busy year in the often-changing world of California employment law. We have discussed many of the updates employers need to be aware of here (think minimum wage increase, the Fair Pay Act, changes to Unruh, and more). The newest change that California businesses need to be aware of involves changes to the…
The New Year is just around the corner and many entrepreneurs are preparing to turn their ideas into a money-making venture. As a successful entrepreneur can attest, one of the key denominators in determining whether your start up will be successful centers on the human capital. As the founder, it falls on you to hire…
As an ardent college football fan, the recent firing of (now former) USC football coach Steve Sarkisian has been of interest to me. On one hand, this makes for an attention-grabbing turn of events for USC football. On the other, the school’s reaction to Sarkasian allegedly showing up drunk to practice has some wondering: Should…
The issue of expense reimbursement in the workplace is not a new one. Most employers are aware that they must reimburse an employee for certain expenses. In accordance with California Labor Code §2802, an employee is entitled to be reimbursed by an employer for all expenses or losses incurred in the direct consequence of the…
A new employee is receiving training on the company computer system from her manager. He’s sitting close to her, but is it too close? There were a few unnecessary touches on the arm and leg, but what’s a new employee to do? And then throw in sexually-charged text messages, dirty jokes, cornering an employee in…
The importance of an employee handbook cannot be overstated. In the past, employers would hire their staff and give verbal instructions about the expectations of their job, if they provided any at all. Today, however, with employment laws changing frequently (often each July and January) and with more and more lawsuits arising out of policy…