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
Labor Code
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…
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…
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…
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…
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…