Category Archives: Employment Law
Is a “Service Charge” a “Gratuity”? San Francisco Court Revives Banquet Server’s Lawsuit
In California, the law states that when a customer leaves a “gratuity,” that money is the “sole property of the employee or employees to whom it is paid, given, or left for.” The employer cannot keep any portion of the gratuity for itself, nor can it force the employees to share the money with… Read More »
Calif. Court Recognizes Ventura Clinic Workers as Public Employees, Orders County to Process Union Petition
In California, the Meyers-Milias-Brown Act (MMBA) protects the right of public employees to communicate with their government employers through a union. The MMBA requires a public employer to meet and engage in “good faith” negotiations with a recognized employee union to bargain wages, hours, and other terms of conditions of employment. The California Second… Read More »
Nondisclosure and Confidentiality Agreements: How California Law Allows Your Employer to Limit What Business Information You Can Take With You
California employers often require their employees to sign nondisclosure agreements protecting any “trade secrets” of the business. A trade secret can broadly refer to any information that is not generally known outside of the employer, such as customer lists, unpatented inventions, or formulas and processes used in producing the employer’s products. If a current… Read More »
Enforcement of International Restrictive Covenants: When Your Non-Compete or Non-Solicitation Agreement is Worldwide
California is part of a global economy. As such, many California employers seek to limit their employees’ ability to work for competing firms throughout the country–and even around the world–after their employment ends. This is normally attempted through one or more types of restrictive covenants, including non-compete or non-solicitation clauses in an employment agreement…. Read More »
Opt-Out Provisions, Handbook Policies, and Arbitration Agreements: When Are Arbitration Agreements Enforceable Under California Law?
It is a common fact. Employment Handbooks can be lengthy. While employment handbooks can contain very valuable information for employees, such as appropriate workplace conduct and policies, some handbooks may also contain agreements for employees to be bound, like an arbitration agreement. If you are an employee who received an employment handbook with an… Read More »
Reducing Worker Misclassification: Independent Contractors versus Employees and what the Passage of AB5 Means for California’s Workers
Starting in January 2020, many California workers who are currently treated as “independent contractors” may become reclassified as “employees” under California law. This is due to the recent passage of Assembly Bill (AB) 5, which Gov. Gavin Newsom signed into law on September 18. AB 5 codifies a 2018 California Supreme Court decision on… Read More »
Franchisor Liability: Federal Court Weighs in on the Definition of “Joint Employer”
When you are an employee working for a franchisee, determining who your actual “employer” is may be more difficult than it seems. Ninth Circuit: McDonald’s Does Not Exercise “Control” Over Individual Franchise Employees For example, if you work for a restaurant that is a franchise of a larger national chain, is the franchisor responsible… Read More »
“Why Can’t Your Wife Stay Home and Take Care of the Child?”: Asserting Your Right to Family Leave in California
Unlike many states, California state law provides certain “family leave” rights for eligible employees. Under the California Family Rights Act (CFRA), if you have worked for your present employer for at least one year, with 1,250 hours working hours during that year, and your employer employs at least 20 employees within a 75-mile radius… Read More »
Does My Employer Have to Pay for My Work Uniform? Understanding California’s Labor Laws Regarding Employee Reimbursements
Section 2802 of the California Labor Code requires employers to reimburse employees for “all necessary expenditures” incurred “in direct consequence of” of the employee’s duties. For example, if an employer requires employees to wear a particular uniform, the employer must reimburse the employee for the cost of purchasing that uniform. Similarly, if an employee… Read More »
Ignorance Is Not a Defense: California Employers Are Liable for the Discriminatory Acts of Their Supervisory Employees
National origin discrimination is strictly prohibited by federal and California state law. Employers are prohibited from firing, refusing to hire, or disciplining an employee or job applicant based on their country of origin or nationality. Nor can an employer escape liability simply by claiming it was unaware of any such discrimination on the part… Read More »
