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California Supreme Court rules security guards must be compensated for sleep time
In a lawsuit filed against security company CPS Security Solutions, the California Supreme Court ruled in January this year that security guards who work 24-hour shifts under Wage Order 4, but sleep…
Former Uber driver classified as employee, not contractor
Uber has lost another legal dispute over whether its drivers should be classified as employees or independent contractors. The issue threatens the heart of the ride-hailing company’s business model, which relies on…
Covenants Not to Compete Are Only Enforceable to Protect Trade Secrets
A recent California court decision has narrowed the scope of enforceable “covenants not to compete.” California, unlike many other states, severely limits the ability of an employer to prevent former employees from…
San Francisco Employees Entitled to Sick Leave Pay
Beginning February 5, 2007, all employees who work within the San Francisco city limits are entitled to one hour of sick leave for every 30 hours worked. The sick leave may be…
The “Administrative” Exemption for California Employees
In prior articles, I discussed the “professional“ and “executive“ exemptions to California’s wage and hour laws, and this article will focus on the “administrative” exemption. In general, exempt employees are not entitled…
Severance Agreements and Release of Claims – What Can or Should You “Give Up”?
In a prior article, we discussed some concerns that employees may have with collecting unemployment benefits after receiving a severance offer. In this article, we will focus on the types of claims…
Workplace Defamation – A Basic Overview
Since many terminated and current employees ask about it, I thought I might dive into the treacherous waters of defamation in the workplace. Defamatory conduct in the workplace may occur, for example,…
Defamation Per Se — Presumption of Harm
In the realm of workplace defamation claims, the aggrieved employee (or plaintiff) needs to show that the slanderous (spoken) or libelous (written) comments harmed the reputation of the employee. There are five…
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