Tag Archives: Labor Code

Handbook Policy Rescues Binding Arbitration Agreement

While employees continue to challenge binding arbitration agreements with gusto, California courts have shown a consistent willingness to enforce agreements where fundamental fairness exists. In Serpa v. California Surety Investigations, Inc., No. B237363 (Cal. Ct. App. Apr. 19, 2013), a California Court of Appeal reversed a trial court order denying the employer’s motion to compel … Continue Reading

When Close isn’t Close Enough – Appeals Court Rejects ‘Me Too’ Evidence in Discrimination Case

Employees often attempt to prove discrimination by offering evidence that other, similar employees were subject to the same treatment, often referred to as “me too” evidence. The California Court of Appeal rejected an employee’s attempt to use “me too” evidence when the employee sought to introduce evidence showing how employees outside his protected class were … Continue Reading

Court Rules Common Issues Didn’t Dominate in Proposed Class

Class certification is unwarranted where auto center managers and assistant managers alleged they were improperly classified as exempt and denied overtime and meal and rest breaks in violation of the California Labor Code, the California Court of Appeal has ruled in Dailey v. Sears, Roebuck and Co.Statistical Sampling Could Not Establish Liability in Wage-Hour Class … Continue Reading

California Court of Appeal Rules A Labor Code Section 132a Violation Is Not a Proper Public Policy Basis for A Wrongful Termination Claim

California’s Third Appellate District has held that a violation of Labor Code section 132a cannot support a common law claim of wrongful termination in violation of public policy. In general terms, Labor Code section 132a states an employer may not discriminate against an employee for filing a workers’ compensation claim or for having a work … Continue Reading

California Employers Receive a Welcome Victory Regarding Commission Plans and the Limited Commission Exemption From Overtime

On January 24, 2012, California employers received a welcome victory regarding commission plans and the commission overtime exemption under Wage Orders 4 and 7. In Muldrow v. Surrex Solutions Corp., (CA4/1 Case No. D057955 1/24/12), the Fourth Appellate District of the Court of Appeal found that employment recruiters were eligible for the California commission exemption … Continue Reading

Explicit Mutual Wage Agreement for Straight Time and Overtime Upheld

The California Court of Appeals has held that a California employer did not owe overtime to an employee because it had entered into an explicit mutual wage agreement that provided for base compensation and overtime in one lump sum.  Arechiga v. Dolores Press, Inc., No. B218171 (Cal. Ct. App. Feb. 7, 2011).  Carlos Arechiga (“Arechiga”) … Continue Reading

Julie Su has been appointed Chief of the Division of Labor Standards and Enforcement

Governor Brown announced that Julie Su has been appointed as head of the California Division of Labor Standards Enforcement.  Here is the text of the announcement from the Governor’s website: “Julie Su, 41, of Cerritos, has been appointed Chief of the Division of Labor Standards and Enforcement. Su has worked at the Asian Pacific Legal Center … Continue Reading

Governor Vetoes Bill Establishing “Mother-Friendly” Workplace Designation

Citing the administrative burden placed on the State Labor Commissioner, Governor Schwarzenegger has announced his veto of Assembly Bill 2468. This bill would have permitted an employer to use the designation “Mother-Friendly Worksite” in its promotional materials, if it submitted its workplace breast-feeding policy to the Labor Commissioner and the Labor Commissioner determined the employer’s … Continue Reading

Can I Fire My Employee Because He Has Been Arrested?

Inquires from a number of companies and recent headlines about arrests of company executives, celebrities and their companions and the resulting fall out, including job loss, raises an issue that many California employers may not be aware of. The state Labor Code prohibits employers from taking adverse action against applicants and employees for an arrest … Continue Reading