201412.12
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HEY FACEBOOKERS – KNOW YOUR RIGHTS!!!!

California Labor Code Section 980 prohibits employers from requiring or requesting that an applicant or employee to:    (1) Disclose a username or password for the purpose of accessing personal social media;    (2) Access personal social media in the presence of the employer; or    (3) Divulge any personal social media to the employer….

201411.26
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California Minimum Wage History (since 2000)

Effective Date New Minimum Wage Old Minimum Wage Amount of Increase Percentage of Increase Over Previous Minimum Wage January 1, 2016 $10.00 $9.00 $1.00 11.1 percent July 1, 2014 $9.00 $8.00 $1.00 12.5 percent January 1, 2008 $8.00 $7.50 $0.50 6.7 percent January 1, 2007 $7.50 $6.75 $0.75 11.1 percent January 1, 2002 $6.75 $6.25…

201411.20
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Assembly Bill 1897 Creates Greater Liability For Employers Who Use Labor Contractors/Staffing Agencies

On January 1, 2015 Assembly Bill 1897 goes into effect. AB 1897 amends Labor Code section 2810 by creating a new Labor Code section 2810.3. The new law targets employers that use labor contractors (i.e. staffing agencies). Specifically, once AB 1897 becomes effective, private employers will be unable to deny liability for labor contractor’s failure…

201411.20
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FedEx Delivery Drivers Are Employees – Not Independent Contractors

In Alexander v. FedEx Ground Package Sys., Inc., 2014 U.S. App. LEXIS 16585 (9th Cir., Aug. 27, 2014), the Ninth Circuit held that under California’s Right-To-Control Test, the FedEx drivers were “employees” and not independent contractors.  Specifically, the court found that FedEx controlled the manner and means by which the drivers completed their jobs, and…

201411.02
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The Employer’s Obligation to Indemnify Under Labor Code Section 2802 Applies to Third Party Suits – Not First Party Suits Against a Former Employee Brought By the Employer.

Labor Code section 2802 obligates an employer to indemnify its employee for the necessary expenditures or losses incurred as a direct consequence of the employee’s discharge of his or her duties, including the obligation to indemnify an employee who is sued by third parties for conduct that was within the course and scope of employment (i.e. paying any judgments and attorneys’ fees incurred in defending the action. However, the Court in Nicholas Laboratories, LLC v. Chen held that Labor Code section 2802 does not require an employer to indemnify a former employee in an unsuccessful first party suit by the employer against the former employee. The Court left open the possibility of indemnification pursuant to Corporations Code section 317, which provides that a corporation must indemnify its agent if the agent is  successful on the merits in defending against an action by the…

201410.22
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Who’s the “Employer”?

The California Supreme Court’s decision in Martinez v. Combs (2010) 49 Cal.4th 35 (“Martinez”) sets forth the law which governs the issue of whether an employer-employee relationship exists in the context of a wage claim. In Martinez the California Supreme Court defined an “employer” as one who, directly or indirectly, or through an agent or…

201409.23
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SALARY & OVERTIME PAY

Many employers mistakenly believe that if they pay a “salary” to an employee then they do not have to pay that employee overtime pay.  Employers – this is NOT correct!  Many employees who are paid a salary are also entitled to receive overtime pay.  If an employee is paid a salary, that employee is still…