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Paul Zimmerman
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Showing 10 posts from 2012.
boggy22 / depositphotos.com
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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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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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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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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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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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)
amuzica / depositphotos.com
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)
nyul © 123RF.com
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)
Lane Erickson © 123RF.com
2011 Another Record Year for EEOC
The U.S. Equal Employment Opportunity Commission (EEOC) recently announced that it received a record 99,947 charges of employment discrimination and obtained $455.6 million in relief through its administrative program and litigation in Fiscal Year 2011. The EEOC obtained a record $455.6 million in relief for private sector, state and local employees and applicants in 2011, a more than $51 million increase from 2010. (Read More)
Lucian Milasan © 123RF.com
California Employment Law Update: What's New for 2012
A comprehensive update of the Labor & Employment Laws of 2011 and what to expect in 2012. (Read More)