California Labor & Employment Law Blog
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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Featured Articles
Required Reimbursement for Employee Mileage Will Increase on July 1
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...
Recent Articles
Department of Labor's Final Rule on Family and Medical Leave
By Dorothy Black On Monday, the U.S. Department of Labor (DOL) published its revised Final Regulations that interpret and assist in clarifying various aspects of the Family and Medical Leave Act (FMLA) including the recently enacted FMLA amendments expanding the Act to cover military families in...
Ninth Circuit Holds Non-Resident Employees Are Covered by California Wage Laws
By David Greco Last week, the Ninth Circuit issued its decision in Sullivan v. Oracle Corp. and held that non-California residents are covered under California labor laws for any work performed within the state of California. The plaintiffs in the case were instructors who traveled to...
Governor Calls for California Wage and Hour Changes
By Marie D. DiSante In response to the current crisis in our nation's financial markets, last week California Governor Arnold Schwarzenegger called for a special session of the Legislature to pass a plan to invigorate California's economy. Governor Schwarzenegger has prescribed an action...
Impact of the Election on the Employee Free Choice Act
By Mark S. Spring This is a follow up to my blog posting last week on the Employee Free Choice Act. Since Tuesday, I have received a number of questions about the election and the Employee Free Choice Act. I wanted to provide you with my latest thoughts. We know a number of things we...
Litigation Over San Francisco's Employer Mandated Healthcare Ordinance Continues
By Robin E. Weideman The Golden Gate Restaurant Association has filed a petition with the Ninth Circuit Court of Appeals requesting en banc review of the court’s September 30 decision holding that San Francisco’s employer mandated healthcare ordinance is not preempted by ERISA. ...
DHS Issues Supplemental Final Rule on Responding to No-Match Letters
By Robin E. Weideman Last week, the Department of Homeland Security issued a Supplemental Final Rule regarding the procedures employers should follow in responding to “no-match” letters from the Social Security Administration. Employers may recall that last year a federal judge in...
New Published Decision on What It Means to "Provide" Meal Periods
By Robin E. Weideman Today California’s Second Appellate District, Division Three, issued its decision in Brinkley v. Public Storage and held that California law only requires employers to make meal periods available to employees, not to ensure that the meal periods are actually taken. ...
Statute of Limitations Tolled During Pendency of Internal Investigation
By Robin E. Weideman Earlier this week, the California Supreme Court issued its opinion in McDonald v. Antelope Valley Community College District and held that the doctrine of equitable tolling may apply to toll the statute of limitations on a FEHA claim when an employee voluntarily pursues an...
The Employee Free Choice Act - Races to Watch on Election Day
By Mark S. Spring Besides determining who our next president will be, November 4 will also play a huge role in determining the future of labor relations in this country. The Employee Free Choice Act (EFCA) is pending in Congress. The bill, which was co-sponsored by Barack Obama, would...
