The California State Legislature and various State agencies continue to expand employer responsibilities and duties.  In case you missed it, effective April 1, 2016, (and pursuant to new regulations promulgated by the Fair Employment and Housing Council) all California employers with five or more employees must create detailed written policies for preventing harassment, discrimination, and […]

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It promises to be another long, hot summer for employers as the California State Legislature and the courts continue to expand employer responsibilities and duties to employees.  A relatively recent case that hasn’t garnered too much attention (Cochran v. Schwan (2014) 228 Cal.App. 4th 1137) involves the requirement for employers to reimburse employees in many […]

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Split Shift Employees and New California Minimum Wage

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The Grinch has come early for many employers as the new minimum wage of $10.00 an hour takes effect on January 1, 2016.  Most employers are already aware of this increase and have taken steps to update their payroll, etc. for their low-level employees.  However, many employers either forget or are unaware of the domino […]

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As a general rule, California malicious prosecution actions are dicey propositions insofar as they always subject the plaintiff to a potential Anti-SLAPP motion from the defendant pursuant to California Code of Civil Procedure section 425.16.   At a minimum, such a motion requires the plaintiff to immediately produce admissible evidence establishing the malicious prosecution claim.  The […]

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For those employers who had all but given up hope of receiving relief from the courts, the California Supreme Court recently provided a glimmer of hope with its holding in Duran v. U.S. Bank.

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Many employers train or educate employees at considerable expense. Can employers be reimbursed if an employee leaves shortly (within a few years) after completing the training/education? Can you deduct the cost of training/education from an employee’s wages?

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Hidden Effects Of New California Minimum Wage Law

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Plaintiffs asserting breach of contract/fraud claims often want to enforce those claims against more than just the signatories to the contract. Often times, for example, plaintiffs will also want to enforce a claim against the shareholders of a corporation who entered into an agreement, or against one or more members of an LLC that entered into […]

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One of the simplest ways for a plaintiff involved in a commercial breach of contract claim to increase its chance at recovering damages is to apply for a writ of attachment. California Code of Civil Procedure section 483.010 provides for writs of attachment to be issued where: (1) a claim is based upon a contract; […]

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Employers seeking to avoid class action litigation should be encouraged by the U.S. Supreme Court’s recent counter-punch delivered in American Express Co. v. Italian Colors Restaurant.

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California courts have narrowed an employer’s ability to restrict employee activities after termination.

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