Labor and Employment Law

Recent Posts

Independent Contractors or Employees: California’s “Work For Hire” Contracts
Posted on 23 Mar 2011 by Arina Shulga

Much has been written (including by me) on the topic of how to distinguish an independent contractor from an employee. I have also written about the importance of "work for hire" or "freelancer" agreements when working with independent... Read More

Cheng on Sweeping Changes to FEHA Enforcement to Come in 2013
Posted on 9 Aug 2012 by LexisNexis Labor & Employment Law Community St

SUMMARY : On June 27, 2012, Governor Edmund G. Brown, Jr., signed into law Senate Bill 1038, a trailer bill to the 2012-13 State Budget, which will make sweeping changes to enforcing the California Fair Employment and Housing Act. This Emerging Issues... Read More

The Case for "Garden Leave" in California
Posted on 12 Oct 2010 by LexisNexis Labor & Employment Law Community St

by Tyler M. Paetkau Given California's broad prohibition against post-employment covenants not to compete, is it be possible for California employers to pay soon-to-be-former employees to sit on the sidelines for a brief period of time, such... Read More

California Enacts New Law Mandating Paid Sick Leave for Employees
Posted on 24 Sep 2014 by Sheppard Mullin

On September 10, 2014, California Governor Jerry Brown signed into law the Healthy Workplaces, Healthy Families Act of 2014. As a result, most employers in California will be required to provide up to 24 hours (3 days) of paid sick leave to their employees... Read More

A Good Week for California's Pro-Labor Movement
Posted on 4 Oct 2012 by Margaret (Molly) DiBianca

Last week was a busy one at the Governor's office, where Governor Jerry Brown signed into law no less than three new laws with a pro-labor, pro-employee theme. The first two laws were a package deal, making California is the first State to enact legislation... Read More

California Supreme Court Green-Lights Overtime Lawsuits by Nonresident Employees: Sullivan v Oracle
Posted on 10 Aug 2011 by LexisNexis Labor & Employment Law Community St

By Arthur Silbergeld and Christine de Bretteville California-Based Employers: Do you employ employees in other states? If so, do they occasionally come to California on business? Non-California-Based Employers: Do your employees ever come to California... Read More

Employer Without Notice of Off-the-Clock Work Not Liable for Unpaid Wages
Posted on 27 May 2014 by Robin Largent

This week a California court issued a favorable decision for the employer in an off-the-clock case, holding that the employer was not liable to the plaintiff for work the plaintiff performed off-the-clock because there was no evidence that the employer... Read More

The Case for "Garden Leave" in California
Posted on 27 Aug 2010 by LexisNexis Labor & Employment Law Community St

by Tyler M. Paetkau Given California's broad prohibition against post-employment covenants not to compete, is it be possible for California employers to pay soon-to-be-former employees to sit on the sidelines for a brief period of time, such... Read More

Prevailing Employer in Wage Case Can Only Recover Attorneys’ Fees if Claim Was Brought in Bad Faith
Posted on 30 Aug 2013 by Robin Largent

Employers may recall recent publicity in California over the extent to which an employer may recover its attorneys’ fees after prevailing in a wage and hour action. This is because Labor Code section 218.5 on its face provides that the prevailing... Read More

N.J. Facebook Privacy Law Moves Ahead
Posted on 28 Sep 2012 by Margaret (Molly) DiBianca

New Jersey's Facebook-Privacy law was released last week by a Senate committee. The bill, like the laws passed in Maryland , Illinois , and California would bar employers from asking employees for information about their social-media accounts. Employers... Read More

SCOTUS Denies Petition For Cert in Iskanian
Posted on 6 Feb 2015 by Sheppard Mullin

by Frances Hernandez , Marlene Nicolas and Lisa Harris On June 24, 2014, the California Supreme Court issued a controversial decision in Iskanian v. CLS Transportation Los Angeles, LLC , 2014 Cal. LEXIS 4318. While the Court in Iskanian confirmed that... Read More