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Paul Zimmerman

Showing 13 posts from 2012.

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boggy22 /

California Employers Cannot Deny Family Medical Leave Based on Honest Belief That an Employee Worked Another Job During Leave

Can an employer terminate an employee on medical leave, when the employer has reason to believe that the employee is secretly working at another job? (Read More)

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Maugli /

Can Vacation Pay Be Less Than an Employee's Regular Pay Rate?

The recent case of Bell v. H.F. Cox, Inc. addressed a number of key issues in wage and hour law, including the exemption to overtime requirements for interstate truckers.  One issue of more general importance, however, was the Court’s treatment of the company’s lump sum vacation policy. (Read More)

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Naypong /

California Court Says Franchisor Can Be Liable for Employment Claims of Franchisee's Employees

Franchise agreements are designed to spell out the responsibilities of the franchisee and franchisor, and typically all liability for employment claims is put squarely on the shoulders of the franchisee. A recent California Court of Appeal opinion, Patterson v. Domino’s Pizza, may change that balance. (Read More)

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yeti88 /

Significant Victory for California Employers on Arbitration

In California, Courts traditionally rejected enforcement of binding arbitration provisions where the effect would be to preclude class arbitrations. However, last year’s U.S. Supreme Court decision in AT&T Mobility LLC v. Concepcion held that the Federal Arbitration Act pre-empts California’s rule against waiving class action rights in consumer arbitration contracts, and holding that a binding arbitration is enforceable, even if it precludes a class action. (Read More)

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kentoh /

New California Employment Laws for 2013

Several new laws apply to California employers in 2013: AB 1844 (Social Media); AB 1964 (Religious Dress and Grooming); AB 2386 (Breast-Feeding Discrimination); AB 2492 (Whistleblowers); AB 2674 (Employment Records Inspection); SB 863 (Workers’ Compensation Reform); AB 1744 (Temporary Services Employers Wage Information); AB 2103 (Fixed salaries and Overtime); AB 2675 (Commission Contracts); SB 1255 (Wage Statements); SB 1186 (Disability Access Reform) (Read More)

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alexskopje /

EEOC Issues New Guidance on Criminal Background Checks

The Equal Employment Opportunity Commission (EEOC) has issued an updated enforcement guidance regarding employers’ ability to consider candidate criminal records in hiring decisions. The EEOC’s previous guidance was issued over two decades ago, when conducting criminal background checks was more difficult. The new guidance, according to the EEOC, is necessary for the electronic age. (Read More)

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amuzica /

California Employers Receive Long Awaited Ruling on Meal and Rest Breaks

On April 12, 2012, the California Supreme Court published its long-awaited decision in Brinker Restaurant Corporation v. Sup. Ct. The ruling is generally favorable for employers, as it expands their ability to defend themselves against claims of missed meal and rest breaks, both on an individual employee and class action basis. (Read More) 

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gunnar3000 /

New California Leave Mandate Proposed

A bill to expand the California Family Rights Act will be considered by the Assembly Labor and Employment Committee next week.

AB 2039 (Swanson; D-Alameda) significantly expands the type of individuals or circumstances under which employees can take a 12-week, protected leave of absence under California’s Family Rights Act (CFRA), and creates rights not provided for under the Federal Family Medical Leave Act. (Read More)

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nyul ©

California Physician Assistant Wins $168 Million Sexual Harassment Verdict

Last week, a Sacramento jury awarded Ani Chopourian $168 million dollars in the largest judgment for a single victim of workplace harassment in U.S. history. The record judgment – $125 million in punitive damages and $42.7 million for lost wages and mental anguish – is being appealed by the hospital. (Read More)

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Overcrowding at the Employee Bulletin Board: Make Room for Another Government Poster

A common misconception among non-union Employers is that they do not have to worry about or pay attention to the federal law known as the National Labor Relations Act (“NLRA”).  This perception-that the NLRA only governs union-management interaction-is inaccurate, since the NLRA covers “Employers” engaged in interstate commerce, regardless of whether they are unionized, or the subject of a union organizing campaign. (Read More)