IRS Announces Plan to Limit Exposure for Misclassification Claims
Employers who incorrectly classify employees as independent contractors or non-employees are responsible for paying the taxes that were not previously withheld. The Internal Revenue Service may also...
View ArticleCommission Agreements Must Be In Writing
On October 7, 2011, Governor Brown signed AB 1396 which amends Labor Code Section 2751. Section 2751 currently requires an employer who has no permanent and fixed place of business in the state and...
View ArticleNew Laws for Employers and Employees in 2012
12/29/11 UPDATE The Labor Commissioner has drafted a template employers should use to comply with AB 469. You can download the template here. The California legislature has been busy, and Governor...
View ArticleA Word to the Wise About Lawyers
Not all lawyers are alike and some, unfortunately, take shortcuts that can have serious consequences. I provide you with the following excerpt from a recent decision by California’s Fourth Appellate...
View ArticleObama Directs DOL to Expand FLSA to Cover In-Home Care Workers
“President Obama announces a new rule that will ensure in-home care workers are included in the same minimum wage and overtime protections afforded to other workers under the Fair Labor Standards Act.”...
View ArticleHoliday Party Warning Repost
Take Our Poll I originally posted this article in 2008, but I think it is a good reminder: Jessica Hawthorne, an employment attorney formerly with the California Chamber of Commerce, has some good...
View Article3 Things That Can’t Wait Until Next Year
Well, the California legislature is at it again. Governor Brown signed several laws that change how employers do business in California. Most of the new laws are effective January 1st and require...
View ArticleFor Whom No Bell Tolls
OK, maybe this case is only interesting to those of us Wage and Hour nerds, but Harris v. Superior Court could be hailed as the final nail in the Bell case trilogy. Although this post may include more...
View ArticleLook Out Brinker and Brinkley, Here Comes Sharon
As employers and employee advocates eagerly await the California Supreme Court’s decision in Brinkley and Brinker regarding the lengths to which employers must ensure employees are afforded the...
View ArticleCourt Clarifies Commission Case
By the end of this year all commission agreements in California must be in writing. When drafting or reviewing your commission agreement it is a good idea to keep in mind several issues; one of which...
View ArticleRobert Nuddleman to Present Best Practices in Litigation Event
You are invited to a workshop and dinner about taking legal action for justice issues and winning a trial for diverse clients, on March 29th, 2012! This workshop and dinner event will enhance your...
View ArticleBrinker is Published!
The long awaited decision in Brinker v. Superior Court is out. You can download it here. The Court also issued the following press release: California Supreme Court Rules on Employer Meal and Rest...
View ArticleAn Interesting Way to Resolve a Case: mediation/binding baseball arbitration
I previously discussed some of my concerns regarding binding arbitration agreements. Arbitration has its place, and it can be a very useful tool in resolving cases. As much of my practice involves...
View ArticleAre You Ready for the San Jose Minimum Wage Ordinance?
The San Jose Minimum Wage Ordinance goes into effect on March 11, 2013. Passed by voters during the last election, the new ordinance requires employers doing business in San Jose to pay a minimum of...
View ArticleTop Mistakes Employers Make Presentation on March 28, 2013
I will present the Top Mistakes Employers Make presentation on March 28, 2013, for the Gavilan Employers Advisory Council. The Gavilan EAC provides local employers with relevant Information on human...
View ArticleNew Laws Alter Overtime Requirements for Caregivers
The Department of Labor recently announced that it is moving forward with its Final Rule eliminating, or at least restricting, the companion exemption to the Fair Labor Standards Act. Separately,...
View ArticleNew Laws Require Additional Training and Prohibit Harassment of Unpaid Interns
Governor Brown signed AB 1443 and AB 2053 amending California’s Fair Employment and Housing Act. AB 1443 expands FEHA’s anti-harassment protection to unpaid interns. AB 2053 requires employers to add...
View ArticleCalifornia Expands National Origin Discrimination to Include Driver’s Licenses
Existing law requires the Department of Motor Vehicles (DMV) to issue an original driver’s license to a person who is unable to submit satisfactory proof that the applicant’s presence in the United...
View ArticleCompanies Will Be Responsible For Wages of Sub-Contractors
Does your company use workers provided by other companies? If so, your company may be liable for the other companies’ failure to pay wages or carry state-mandated workers’ compensation insurance....
View ArticleNEW LAWS FOR 2015
The following is a quick summary of the most significant changes in the law impacting California businesses. Paid Sick Leave for All California Employees – Effective July 15, 2015, employers doing...
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