201504.30
0
0

“NO RE-HIRE” CLAUSES UNDER FIRE

“No Re-Hire” clauses are common in settlement agreements involving employment law related claims. In Golden v. California Emergency Physicians Medical Group, the Ninth Circuit held that a “no re-hire” provision in a settlement agreement could, under certain circumstances, could constitute an unlawful restraint of trade under California law. In Golden, a physician verbally agreed to…

201501.09
0
0

California Supreme Court Says No Money Damages Available When Employer Proves Mixed Motive in FEHA Discrimination Case:

In Harris v. City of Santa Monica, the California Supreme Court issued a ruling that sets forth the details of the applicability of the “mixed-motive” defense available to employers in discrimination cases (FEHA). The Plaintiff in Harris was a city bus driver who was terminated for not meeting performance standards shortly after she told her…

201412.31
0
0

EMPLOYERS MUST KEEP RECORDS!

Employers must keep records of its employees as set forth in California Labor Code § 226, 1174, 1175, 29 USCA § 211(c), 29 CFR § 516.5, and 29 CFR § 516.6. If you are an employer, and want to know what records you are required to keep, then CALL RODENBO NOW! If you are an…

201412.30
0
0

Commissions – what you need to know

Good ole’ common law provides that: “He who shakes the tree is the one to gather the fruit.” (E. A. Strout Western Realty Agency, Inc. v. Lewis (1967) 255 Cal.App.2d 254, 259, quoting Sessions v. Pacific Improvement Co. (1922) 57 Cal.App. 1, 18; see also DLSE, Enforcement Policies and Interpretations Manual, supra, § 34.6.) Further,…

201412.22
0
0

STORE MANAGERS MIGHT BE ENTITLED TO OVERTIME PAY

A California Court of Appeals has confirmed that store managers can be considered “non-exempt” and entitled to overtime pay when they spend over 50% of the time performing non-exempt (i.e. non-managerial) duties. In Heyen v. Safeway Inc., the California Court of Appeals upheld a trial court’s award of overtime pay to an assistant manager of…

201412.19
0
0

EXPUNGED CONVICTIONS = NUNYA BIZNESS EMPLOYER!

California Labor Code section 432.7 protects employees and potential employees from unlawful discrimination due to past criminal convictions that have been expunged (i.e. legally cleared up pursuant to California law). Under section 437.2, if your prior criminal conviction has been expunged, then California employers are prohibited from asking you about that conviction, and from using knowledge…

201412.17
0
0

PAID VACATION TIME = WAGES

In California, Employers are not required to provide their employees with paid or unpaid vacation time. However, if an employer does have an established vacation policy to provide paid vacation, then certain restrictions are placed on the employer as to how it fulfills its obligation to provide vacation pay. California law provides that earned paid…

201412.12
0
0

EMPLOYERS – WHAT HAPPENS WHEN YOU PAY A SALARY TO A NON-EXEMPT FULL-TIME EMPLOYEE?

California Labor Code section 515(d) provides that for the purpose of computing the overtime rate of pay to a nonexempt full time salaried employee, the employee’s regular hourly rate shall be 1/40th of the employee’s weekly salary.    Section 515(d) further provides that a fixed salary to a nonexempt employee is for the employee’s non-overtime hours…