Employment Law

The Dueling Banjos: Two Recent Supreme Court Solos Echo Through California Employment Law

The courts in the United States often zig and zag in different ways, as some judges lean one way or another. The result is like dueling banjos, with melodies resonating for years as employment lawyers in Los Angeles pick up their own instruments to mimic the rhythm to their own case. Two employment law “solos”…

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Properly Classifying Exempt Employees

Employers, start 2018 with a resolution you can keep.  By ensuring you know who your exempt and nonexempt employees are, you can avoid one less headache in this new year. Employers who have or want to have exempt employees must be careful to ensure these employees meet various state and federal exemption requirements.  California has…

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Register Your Copyright Before You Register Your (Infringement) Complaint

There have been several high-profile copyright infringement lawsuits filed in the last few years. Marvin Gaye’s estate sued Robin Thicke and Pharrell Williams, for allegedly appropriating some of Gaye’s famous song “Got to Give It Up”, into their big hit, “Blurred Lines”. Bruno Mars and Mark Ronson were sued twice, over their hit “Uptown Funk”…

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Controlling Internet and Email Use of Employees

Almost every company and governmental agency has written policies against personal use of company computers, which actually are enforced by many companies or agencies.  However, the one area where virtually all companies fall short is in properly stressing to employees the importance of not including personal comments in company emails, or in texts made on…

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Update on minimum wage increases as we approach July 1, 2017 for various cities in California

As we approach July 2017, California employers should remember that, if they have increased or decreased in size this past year, they may be subject to new minimum wage and mandatory paid sick leave laws. The following is a breakdown for increased minimum wage and mandatory paid sick leave for both California State and Los…

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A Road Less Traveled – Marijuana in the Transportation Workplace

Currently, 29 states and the District of Columbia have legalized marijuana consumption, either medically, recreationally, or both.  The rights regarding possession and consumption vary from state to state, with some states allowing possession up to 24 ounces (Oregon), down to 1 ounce (Alaska).  The implications of legalized consumption of marijuana and its impact in the…

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Bright Lines, Grey Lines, and the Doldrums of Technical Labor Law Interpretation- A Summary of Mendoza v. Nordstrom, Inc. [9th Cir. Nos. 12-57130/12-57144; C.D. Cal. No. 8:10-CV-00109-CJC-MLG]

On May 8, 2017, the California Supreme Court published a decision that clarified the ambiguous “Day of Rest” that is mandated to be provided by California employers to employees. If you read this opinion, you may have to reread it, possibly several times, to absorb the stew of formulas, statutory and regulatory interpretations, technical labor…

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CA Recordkeeping

Recordkeeping is essential for all companies doing business in California. Aside from the well-known requirement that records be kept for a minimum of three (3) years, there are several nuances to the best recordkeeping practices, which enable companies to protect not only themselves, but their employees as well. Many people forget that good and efficient…

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Salary History Bans and the Gender Wage Gap

Laws prohibiting employers from asking job applicants about their salary history may not have been passed in every state yet, but employers should be paying attention to the issues the law raises—especially in light of a bill introduced in Congress that would ban salary history questions during job interviews nationwide. Massachusetts was the first state to…

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Nonexempt Classification

Employers bear the burden when classifying an employee as exempt or non-exempt, and simply providing a title to an employee does not make them exempt. Exempt employees are designated as such because they are “exempt” from certain wage and hour requirements, such as overtime pay, meal and rest breaks, and minimum wage, due to their…

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