Recent Articles

Sullivan v. Oracle -- Residents of Other States are Entitled to Labor Code Remedies for Work in California

Brian Van Vleck
November 14, 2008 21:58

The recent case of Sullivan v. Oracle dealt with the thorny issue of what law should apply to employees whose work carries them across state lines.  The Ninth Circuit held that work performed  in California should generally be governed by California's strict...

New Ruling On Meal Breaks and Itemized Wage Statements: Brinkley v. Public Storage, Inc.

Anthony Zaller
October 29, 2008 20:36

A recent case, Brinkley v. Public Storage, Inc. (October 28, 2008) is getting quit a bit of attention due to its ruling on employers’ duty to provide meal breaks. The court in Brinkley (out of the Second Appellate District), agreed with the holding of the appellate court in Brinker v....

Breaking News: CA Supreme Court Grants Review In Brinker v. Superior Court

Anthony Zaller
October 22, 2008 21:07

The California Supreme Court announced today that it will be reviewing the much analyzed case Brinker v. Superior Court (Hohnbaum).  The lower court ruling in the case was favorable to California employers, in holding that employers did not have to "ensure" that meal breaks were...

Bad Job Design Is The Cause of Many Bad Sales Compensation Plans

Brian Van Vleck
October 21, 2008 18:10

We have previously blogged about some of the ways in which a bad sales compensation plan can result in legal liability.  However, as Ann Bares points out in her Compensation Force blog, many bad sales plans are caused by vague or ill-defined job responsibilities.  Sales...

Can Employers Monitor Employee's Text Messages Sent Through Company Owned Devices?

Anthony Zaller
October 17, 2008 00:02

  In Quon v. Arch Wireless Operating Company, Inc., (June 2008), City of Ontario police department employees, and one employee's wife, brought a Fourth Amendment action against their employer, in connection with the department's review of employees' text messages, and asserted claim against...

Can Employers Monitor Employee's Text Messages Sent Through Company Owned Devises?

Anthony Zaller
October 17, 2008 00:02

In Quon v. Arch Wireless Operating Company, Inc., (June 2008), City of Ontario police department employees, and one employee's wife, brought a Fourth Amendment action against their employer, in connection with the department's review of employees' text messages, and asserted claim against wireless...

IRS Offers Whistleblower Informant Awards

Brian Van Vleck
October 15, 2008 21:35

As if employers don't have enough to worry about . . . the IRS is now offering money to individuals who tip them off about suspected non-payment of taxes.   According to the IRS website, they are "looking for solid information, not an 'educated guess' or unsupported...

Power Point for RSA Talk

Brian Van Vleck
October 08, 2008 20:48

Thanks to all those who attended the Fall seminar sponsored by Research Security Administrators (RSA) in Fountain Valley yesterday.  As always, it was a class act and very well put together with lots of current, useful information for security professionals. ...

Employment Related Bills Signed (and Vetoed) by Governor

Anthony Zaller
October 03, 2008 18:33

It is a bit anticlimactic, but the Governor vetoed many more employment related bills than he approved recently. The following is a list of employment and litigation related bills that were signed by the Governor: AB 2075 Wages: execution of release of claim or right. Modifies Labor Code section...

New California Law Further Restricts Employee Release Agreements

Brian Van Vleck
October 02, 2008 17:57

Governor Schwarzenegger recently signed a bill amending Labor Code Section 206.5, which restricts the enforceability of agreements purporting to release wage claims.  Labor Code section 206.5 currently provides that an employee cannot be required to sign an agreement...