employment law
EEOC issues new regulations for determining disabled employees.
On March 24th 2011 the Equal Employment Opportunity Commission(EEOC) established new regulations to the Americans with Disabilities Act (ADA) that would enable employers to determine who qualifies as disabled. The new ADA amendments Act (ADAAA) overturned a few Supreme Court decisions that congress believed determined disability “too narrowly.” The amendment now includes HIV infection, diabetes, [...]
Read Full Post | Make a Comment ( None so far )Under California Law, You Have One Year to File Harassment, Discrimination or Retaliation Claims
Under California law, before filing a lawsuit for harassment, discrimination or retaliation, you must file an administrative complaint with the Department of Fair Employment & Housing (“DFEH”). The administrative complaint must be filed within one year of the date on which the unlawful practice occurred. Cal. Gov. Code § 12960(d). The California Supreme Court has [...]
Read Full Post | Make a Comment ( None so far )In The Vast Majority of Wage and Hour Disputes, Class Suitability Should Not Be Determined On Demurrer
The Second District Court of Appeal in Gutierrez v. Cal. Commerce Club, Inc., 187 Cal. App. 4th 969 (2010), recently found, “as in the vast majority of wage and hour disputes, class suitability should not be determined on demurrer.” Id. at 972. In so holding, the Court recited the standard: “A demurrer to class allegations may [...]
Read Full Post | Make a Comment ( None so far )Latest Developments in California’s Discovery Law
Alreen Haeggquist, partner at Zeldes & Haeggquist, LLP published her esteemed third annual summary of the latest developments in California’s discovery law. Alreen keeps the bar abreast of the latest developments from the judiciary. 2009 was a busy year. Highlights from 2009’s developments: California courts now have new discovery rules to interpret due to the [...]
Read Full Post | Make a Comment ( None so far )10 Things Employers Should Not Ask In An Interview
As an employer you want to get a clear picture of the applicant’s strengths and weaknesses while remaining sensitive to their rights. An employer may ask questions related to the job position, but not personal, private questions that do not have direct bearing on the applicant’s ability to perform the functions of the job. The [...]
Read Full Post | Make a Comment ( None so far )Court Has Discretion to Deny Attorneys Fees to an Employee who Prevails on a FEHA Discrimination Claim But Recovers Less Than $25,000
Discrimination cases brought under the Fair Employment and Housing Act (“FEHA”) are daunting to employers not only because of actual damages the employer potentially faces, but because trial courts ordinarily award attorneys fees to prevailing plaintiff employees unless special circumstances would render a fee award unjust. Young v. Exxon Mobil Corp., 168 Cal. App. 4th [...]
Read Full Post | Make a Comment ( None so far )Averaging An Employee’s Wages Is NOT Permitted Under California Law to Determine Whether the Employer is Satisfying California’s Minimum Wage Requirement
Unlike federal law, California workers must receive the minimum wage (currently $8.00 per hour) for each hour worked during the payroll period, even if the agreed upon compensation exceeds the minimum wage for the total hours worked. “The averaging method utilized by the federal courts for assessing a violation of the federal minimum wage law [...]
Read Full Post | Make a Comment ( None so far )Employers May Deduct from Exempt Employees Vacation and Sick Leave Balances (Versus Salary) for Partial Day Absences Without The Employee Losing His or Her Exempt Status
In California, while it is impermissible to deduct from a salary of an exempt employee for partial day absences, employers may deduct from leave time balances in connection with absences due to vacation or sickness of less than a full day under a bona fide plan providing for such leaves without the employee losing his [...]
Read Full Post | Make a Comment ( None so far )Non-Exempt Employees Entitled To Overtime Compensation For Using Company Issued Blackberry or Other PDA While They Are Off The Clock
Under both the federal Fair Labor Standards Act and the California Labor Code, employers must pay non-exempt employees time-and-a-half of their regular rate for all overtime work for which they are employed—that is, all time in excess of forty hours per week. The broad meaning that has emerged for the term “work” from the Supreme Court [...]
Read Full Post | Make a Comment ( None so far )WHAT’S NEW IN EMPLOYMENT LAW – ALTERNATIVE TO LAYOFFS FOR EXEMPT SALARIED EMPLOYEES?
Most businesses are experiencing significant economic difficulties due to the present severe economic downturn facing California and the nation. Employers are cutting costs until business conditions improve. One of the largest costs many employers face is, without a doubt, employees’ salaries. As such, California has seen a significant number of job layoffs. However, the [...]
Read Full Post | Make a Comment ( None so far )
