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
Supreme Court to Review Whether FAA Preempts California Arbitration Agreement Rules
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. ...
Employer Tax Credit Incentive For Hiring The Unemployed
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...
Paid Sick Leave for Swine Flu Victims?
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...
Federal Court Invalidates Proposition 8's Ban on Same-Sex Marriage
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...
Ninth Circuit Delivers Blow to Employer in Independent Contractor Classification Case
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...
The Emerging Right to Trash Talk -- Social Media and the NLRB
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...
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...
Facebook Trash Talk - The NLRB Pulls Back the Reins
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...
Recent Articles
Mark S. Spring and Greg Berk to Provide Educational Seminar in Sacramento on October 17
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...

