Recent Articles

Phil

November 13, 2008 06:03

Jennifer asks: My employer just announced today that they will be closing the office the week of Thanksgiving, November 24-28. The 27th and 28th were already scheduled as holidays. I am a salaried exempt employee and thus, always get paid for the day after Thanksgiving while hourly employees in the...

Rob

October 29, 2008 18:39

Another appellate court decision was issued today regarding whether an employer is obligated to ensure employees take required meal and rest breaks.  In Brinkley v. Public Storage, Inc. (B20513), the Second Appellate District rejected the employee’s argument that employers must force ...

Rob

October 08, 2008 18:32

EG asks: If I’m not satifsied with the outcome of my DFEH complaint what is the next step? If the DFEH makes a determination that they have not been able to find sufficient evidence that the employer violated the law, the DFEH will close the file and issue a Right to Sue Notice.  The Right to ...

Rob

October 03, 2008 15:59

On September 30, 2008, Governor Schwarzenegger signed AB 10 which modifies Labor Code Section 515.5 - the statute that exempts computer software field employees from the overtime requirements of California law.  Last year the “Governator” signed SB 929 which reduced the hourly rate ...

Rob

October 01, 2008 15:27

I didn’t come up with the title … Congress did.  In 1945 Congress enacted a new law declaring the first week in October “National Employ the Physically Handicapped Week” to educate the American public about issues related to disability and employment.  In 1962, the work &...

Rob

August 28, 2008 20:47

Our office is teaming up with Dan Powers (COO of McEwan & Associates) and Meriwest Credit Union to conduct an educational seminar regarding how to protect and build your business.  The presentation is part of Meriwest’s Business Banking Educational Seminar series. Dan Powers will be ...

Rob

August 07, 2008 22:20

The California Supreme Court issued a decision today wherein it held that a general release of claims does not encompass non-waivable statutory protections under Labor Code Section 2802. Raymond Edwards II was hired as a tax manager by Arthur Andersen LLP.  After some problems with the government, ...

Rob

August 01, 2008 17:21

A “statute of limitation” is the time within which a lawsuit or claim must be filed. “Civil actions, without exception, can only be commenced within the periods prescribed in this title, after the cause of action shall have accrued, unless where, in special cases, a different limitation ...

Rob

July 23, 2008 01:08

For the first time, a California appellate court has held that employers do not need to force their employees to take meal breaks.  While several federal cases have found that employers do not need to force employees to take meal breaks, the only California appellate court decision on the matter ...

Rob

July 21, 2008 17:05

Effective July 24, 2008, the federal minimum wage for covered non-exempt employees will rise from $5.85 to $6.55 per hour.  The Fair Minimum Wage Act of 2007, which amended the Fair Labor Standards Act (FLSA), provides for phased-in increases ultimately reaching $7.25 per hour effective July 24, ...