This blog is written by attorneys at Carlton DiSante & Freudenberger LLP in Irvine. The blog’s frequent updates discuss important topics like arbitration agreements, court decisions, discrimination and harassment, employee benefits and wage and hour issues.
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By Ryan McCoy Recently, in AT&T Mobility LLC v. Concepcion (Laster), the 9th Circuit held that the phone company's consumer class action waiver clause was unconscionable under California law, and that the Federal Arbitration Act ("FAA") does not preempt California law. ...
By Nancy Berner On Thursday March 18, 2010, President Obama stepped into the Rose Garden and signed the Hiring Incentives to Restore Employment (or “HIRE”) Bill, passed by the Senate on Wednesday. Among other provisions, HIRE rewards employers who offer employment to the relatively...
By Mark Spring This month, legislation is being introduced in both houses that would guarantee paid sick leave for employees infected by the H1N1 virus or other flu like illnesses, where the employee works for a business with at least 15 employees. The legislation is being considered on an...
By Alison Tsao Following a much-publicized and anticipated trial, federal District Court Judge Vaughn Walker of the Northern District of California found that Proposition 8 (“Prop. 8”), the ballot initiative passed by California voters in November 2008 providing that “only...
By Dan Forman Continuing the recent trend in questioniong the propriety of classifying workers as independent contractors instead of employees, the Ninth Circuit reversed an employer's victory on this issue in Narayan v. EGL, Inc. EGL, headquartered and incorporated in Texas, contracts with...
By Brent M. Giddens As the universe of social media continues to explode at a dizzying pace, employers are struggling to keep up with and control the content of what their employees, among others, are posting on the internet for all to see. Many employers have reacted, understandably, by...
By Mark S. SpringJuly 1 will be a day of change for California employers with employees who drive as part of their duties. Not only will such employees be required to utilize hands free devices when operating cell phones while driving (see our June 20 post on this subject), employers will...
By Brent M. Giddens As the pace of social media continues to accelerate exponentially, the National Labor Relations Board has sought to define the parameters of an employee's right to engage in "protected concerted activity" in the brave new world of Facebook, Twitter, LinkedIn and other...
On Monday, October 17, CDF Partners Mark Spring and Greg Berk will be speaking at the California Restaurant Association's Education Seminar at the SMUD Headquarters Auditorium in Sacramento, California. Mark will be discussing important new legal and HR issues surrounding social media in the...
California Governor Vetoes Several Bad Employment Bills, But Signs Law Limiting Use of Credit Reports and a Few Others
By Robin E. Weideman In pleasant news for California employers, Governor Brown vetoed several unappealing employment bills this past weekend. The bills he vetoed include (1) AB 267, which would have invalidated forum selection and choice of law provisions in employment contracts with...