Archive for the ‘California Employment’ Category
California Court Finds Compensation Scheme Does Not Meet Salary Basis Test, Denies Exemption
The California Court of Appeals recently considered whether a compensation scheme which is based solely upon the number of hours worked, with no guaranteed minimum, may be considered a “salary” within the meaning of wage and hour laws. In this case, the plaintiff-employee was an insurance claims adjuster who was paid $29 per hour with [...]
California Supreme Court: Continuous Accrual Principles Apply to 17200 Claims
Today the California Supreme Court issued a long-awaited ruling in the Aryeh case regarding the application of the common law theory of continuous accrual to actions under the unfair competition law (Bus. & Prof. Code section 17200 et seq.) Though the case does not expressly address labor or employment issues, the case is nevertheless important [...]
California Employers – Attend Hinshaw’s Complimentary Breakfast Briefing!
Do you have employees in the state of California? You probably already know that managing employment issues in our fair state can prove to be very challenging, given that California’s labor and employment laws are considerably different from federal and other state laws. Hinshaw’s Labor and Employment Group is pleased to offer this complimentary breakfast briefing [...]
Employee’s Spouse’s Loss of Consortium Claim Barred by Workers’ Compensation Exclusivity Rule
The California Supreme Court recently found that an employee’s spouse could not recover for loss of consortium in his civil employment action, even considering the “power press” exception to the Labor Code. In LeFiell Manufacturing Company v. Superior Court (Watrous), the employee sued his employer for industrial injuries sustained while using a power press in the course [...]
NFL Player Denied Right to Workers’ Compensation Benefits in California
Former professional football player Bruce Matthews was a 19 year veteran of the NFL who retired in 2002 when he was with the Tennessee Titans. In 2008, he filed a claim in California claiming a right to workers’ compensation benefits, even though there was no specific injury in California. After the claim was filed, the Titans filed [...]
California Court Compels Arbitration and Dismissal of Class Claims, Invalidating Gentry Based on AT&T Mobility v. Concepcion
For many years, pursuant to Gentry v. Superior Court (2007) 42 Cal.4th 443, California courts have held that class waiver provisions in arbitration agreements should not be enforced if class arbitration would be a significantly more effective way of redressing the rights of affected employees. But that was before the U.S. Supreme Court issued its April [...]
Physician Partner May Sue Physician’s Partnership for Retaliation Under FEHA
The California Court of Appeal recently determinedthat a physician partner could sue her partnership under the California Fair Employment and Housing Act (“FEHA”) for retaliation based upon that partner’s opposition to, and efforts to prevent, the sexual harassment of the partnership’s non-partner employees. The Court acknowledged that a partner cannot sue the partnership under the [...]
CA Court Finds Arbitration Agreement with Modification Provisions to Be Illusory
The California Court of Appeals recently found an employer’s arbitration agreement to be “illusory” because it contained a modification provision which stated that the employer had the right to amend, modify, or revoke the arbitration contract on 30 days’ written notice, and at the end of the 30-day period, a contract change applies to any claim [...]
CA Supreme Court Issues Long Awaited Ruling on the Taking of Meal Periods
Today, after over 3 years, the California Supreme Court issued its ruling in the infamous Brinker v. Superior Court case, which addresses, among other things, an employer’s obligation to “provide” employees with meal and rest breaks. You can read their opinion here. Stay tuned…. our evaluation of this momentous decision will follow.
Another California Court Strikes Down Yet Another Arbitration Agreement
The employee sued his former employer alleging several claims under the California Fair Employment and Housing Act (“FEHA”). The employer filed a petition to compel arbitration based upon an agreement to submit employment-related claims to final binding arbitration as provided in signed employment application, employment agreement and acknowledgment of receipt of the employee handbook. The trial court [...]
