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State Employment Law Articles
Article Index » california: 10 Most Recent Articles
Report Link Tips on Tip Pooling.
Fisher & Phillips, LLP - July 03, 2008
In March a California court awarded more than $105 million to Starbucks baristas due to the company's practice of permitting supervisors to share the tips. The case is significant to all California employers that have tip-sharing arrangements.
Report Link California Update—Individual Owners, Officers and Managers Held Not Personally Liable for Unpaid Wages and Related Labor Code Violations.
Cooley Godward Kronish LLP. - July 02, 2008
In Reynolds v. Bement (2005) 36 Cal.4th 1075, the California Supreme Court held that individual officers, directors and shareholders of a corporation have no personal liability to the corporation’s employees for unpaid overtime. Following Reynolds, the California Court of Appeal recently held in Bradstreet v. Wong (2008) 161 Cal.App.4th 1440, that individual owners, officers and managers of three closely-held corporations could not be held personally liable for the corporation’s failure to pay owed wages to employees or for related California Labor Code violations.
Report Link Court Affirms: Holiday Pay Premiums May Be Credited Toward Overtime Obligations.
Fisher & Phillips, LLP - July 02, 2008
California law sets out basic overtime requirements for non-exempt employees in California. Among other things, the law requires an employer to pay an employee time and one-half of the employee's regular rate of pay for both 1) more than 8 hours of work in one workday, and2) more than 40 hours of work in any workweek. A double time premium is required for hours in excess of 12 in a work day, or in excess of 8 hours on the seventh consecutive day of work in a work week.
Report Link The West Coast Employer (pdf).
Jackson Lewis LLP - July 01, 2008
Complying with Health Privacy Laws; Are Layoffs on the Horizon?; AB 1825 Training: Consequences of Failing to Comply; Summer Heat; COURT WATCH;
Report Link Reminder to Update Company Policies: Hands-Free Cell Phones and Driving
Baker Hostetler LLP - July 01, 2008
Beginning July 1, 2008, drivers in California will be prohibited from using hand-held cell phones while driving. Hands-free devices, such as a Bluetooth or other earpiece, will be legal to use while driving as long as only one ear is covered.
Report Link The California "Multiplier Effect": How Small Wage and Hour Violations Create Big Class Settlements in California.
Ogletree Deakins - July 01, 2008
Employers sued in California wage and hour class actions are all too familiar with the State’s “multiplier effect.” What is the California “multiplier effect,” you ask? Simply put, it is a small wage payment violation (e.g., for non-payment of overtime hours or off-the-clock work), that can trigger a range of penalties under the California Labor Code far exceeding the value of the original unpaid wage amount. In wage and hour class actions, minor wage violations can cost employers millions.
Report Link California Employee Fails to Prove Termination Was Due to Disability or Comp Claims.
Jackson Lewis LLP - June 24, 2008
An armored car company employee, who was subject to an internal investigation by his employer for missing cash and eventually terminated, failed to prove his termination was due to his physical disability or in retaliation for filing a workers' compensation claim, the California Court of Appeal ruled.
Report Link The Differences Between State and Federal Anti-Discrimination Laws.
Shaw Valenza LLP - June 18, 2008
President Bush recently signed into law the Genetic Information Nondiscrimination Act (“GINA”). The new law, when it takes effect at the end of 2009, makes it unlawful for employers to discriminate against employees based on genetic characteristics. Yet, California’s Fair Employment and Housing Act (“FEHA”) already prohibits discrimination on the basis of genetic information. In fact, the FEHA has traditionally provided broader protections against discrimination than federal law. This creates confusion for employers who do not understand the many distinctions between the federal and state statutes. While this article does not address all of those distinctions, below are some of the key differences.
Report Link California Law Banning Cell Phone Use While Driving Takes Effect July 1.
Ford & Harrison LLP - June 17, 2008
California’s law banning the use of cell phones while driving goes into effect July 1, 2008. The California Wireless Telephone Automobile Safety Act imposes a minimum $20 fine for anyone caught driving and using a cell phone unless the driver uses a headset, ear bud or other technology that frees both hands. The fine increases to $50 for subsequent violations. Drivers under 18 are prohibited from using cell phones while driving even if a hands-free device is used, and are also prohibited from using “mobile service devices” such as Blackberries, pagers and laptops.
Report Link Effective Trade Secret Protection: Speed is of the Essence.
Jackson Lewis LLP - June 17, 2008
A recent ruling by the California Court of Appeal emphasizes the need for employers to act quickly when claiming misappropriation of trade secrets.

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