Insight & Commentary on California Workplace Law Issues & Developments
For an employee to be exempt from overtime regulations under California law, the employee must fit into a category of work that is deemed exempt.
The most common exemptions are the executive, administrative, and professional exemptions. Workers who are employed in administrative, managerial, executive, or professional capacities generally fall under one of these exemptions. Each…
On November 13, 2012, the California Court of Appeal expressly rejected the viability of the “honest belief” defense in Richey v. Autonation, Inc. In Richey, an employer terminated an employee who was on California Family Rights Act (“CFRA”) leave because, during that leave, the employee was allegedly working at a restaurant he owned. …
The Ninth Circuit rules that an employer has the burden of proving it had a legitimate reason for not reinstating an employee to her former position after taking a leave pursuant to the federal Family and Medical Leave Act (“FMLA”). The Court also found that the employee need not demonstrate her employer lacked a reasonable…
