Tag: california hr

Conducting an Exemption Audit in California: Complying With Overtime and Other Wage-Hour Laws

By Allen Kato, Fenwick & West LLP Why should you conduct an exemption audit in California? Employee claims alleging they are misclassified as exempt from overtime (brought as individual claims or class-action lawsuits) are the lawsuit of the day. For example, in March 2012, a California court approved a $35 million settlement by Oracle involving […]

Exceptions to the Reinstatement Obligation

Yesterday, we looked at a case involving a returning military service member who was terminated upon coming back to work. While that particular employee lost his case against his supervisor, the general rule is that you must reinstate returning service members. Today, we’ll look at some exceptions to this rule.

Watch Out for Military-Leave Bias

When you think of employment discrimination, you probably think of protected traits like gender, race, disabilities, age, or religion, among others. But the country’s involvement in two hot wars over the past decade has put another type of discrimination on the radar screen: discrimination based on military service.

Be Careful When Scheduling Split-Shift Meetings

Yesterday, Garrett Jensen of the Orange County office of Carothers, DiSante & Freudenberger LLP spelled out the facts of a recent court case in which an employee claimed he was entitled to reporting time pay on days he had meetings scheduled. Today, the court’s ruling.

How To Craft Airtight Arbitration Agreements

Yesterday, we looked at a recent California court case that highlighted the various factors you need to think about when you draft your arbitration agreements—as well as how you present them to employees. Today, some tips for success.