‘Misconduct’ Not Automatic Cause for Denying Unemployment Benefits
6273
Posted in Termination

‘Misconduct’ Not Automatic Cause for Denying Unemployment Benefits

We terminated an employee, and she has filed a claim for unemployment benefits. We want to fight her claim because she was fired for falsifying…

CalChamber Weighs in on Cal/OSHA Processes
2217
Posted in Workplace Safety

CalChamber Weighs in on Cal/OSHA Processes

A joint hearing of several legislative committees last week on the California Division of Occupational Safety and Health (Cal/OSHA) processes provided an opportunity for the…

California Supreme Court Clarifies Good-Faith Defense to Unpaid Wage Claims
5056
Posted in Compensation Minimum Wage

California Supreme Court Clarifies Good-Faith Defense to Unpaid Wage Claims

Typically, employees who prove minimum wage violations are entitled to liquidated damages. Recently though, the California Supreme Court issued an opinion clarifying employers’ good-faith defense…

Ninth Circuit Validates Employers’ Piece-Rate Compensation Plan
3176
Posted in Compensation

Ninth Circuit Validates Employers’ Piece-Rate Compensation Plan

California law imposes special conditions on employers who choose to compensate employees on a “piece-rate” or per task basis. For example, these employees must receive…

1412
Posted in Arbitration

State High Court Rules on Arbitration Fee Payments

Earlier this month, the California Supreme Court decided a case that determines whether federal law preempts a California law enacted in 2019 that regulates when…

Daily Overtime Premium Pay Depends on Workday Definition
5637
Posted in Overtime

Daily Overtime Premium Pay Depends on Workday Definition

Last week, my company (which operates 24 hours a day) had several employees call out sick at the last minute. As a result, we had…

DOJ Issues DEI Compliance Guidance
2878
Posted in Discrimination

DOJ Issues DEI Compliance Guidance

Recently, the U.S. Department of Justice (DOJ) sent a memorandum to all federal agencies providing guidance for federal-funding recipients on applying federal antidiscrimination laws to…

Ministerial Exception Applied to Religious Employer’s Customer Services Representatives
2325
Posted in Discrimination

Ministerial Exception Applied to Religious Employer’s Customer Services Representatives

Recently, the Ninth Circuit took a broad view of the First Amendment’s protection of religious organizations, concluding that a religious employer’s customer service representatives (CSR)…

Report Concludes AB 566 Threatens California’s Economy, Consumers, Small Businesses
2483
Posted in Privacy

Report Concludes AB 566 Threatens California’s Economy, Consumers, Small Businesses

A recent report by Capitol Matrix Consulting, commissioned by the California Chamber of Commerce, concludes that Assembly Bill 566 (AB 566) poses a significant threat…

4865
Posted in Exempt/Nonexempt Paid Sick Leave

California Court Clarifies Paid Sick Leave Calculation for Outside Sales Employees

A recent California Court of Appeal decision clarifies how employers may calculate paid sick leave for exempt outside salespersons under California’s Healthy Workplaces, Healthy Families…