Gov. Brown signed AB 1875 on September 17, 2012. The new law essentially brings California civil procedure in line with federal civil procedure and, absent an exception or some other relief by the court, limits depositions to seven (7) hours in length. Continue Reading New California Law Restricts How Long Attorneys Can Question Witnesses in Civil Depositions
Ramona Carrillo
“Inside Sales Exemption” – Are Commissions Calculated When Earned or When Paid?
By Ramona Carrillo on
Posted in Wage & Hour
The Ninth Circuit has referred the Peabody v. Time Warner Cable case to the California Supreme Court to answer this question.
Under the commissioned salesperson exemption, or the “inside sales exemption” in Wage Orders 4 and 7 (ONLY) an employee is exempt from overtime if his or her earnings: 1) exceed one and one-half times the minimum wage; and 2) more than half of the employee’s compensation represents commissions. Under California’s minimum hourly wage of $8.00, an inside sales commissioned employee must earn at least $12.00 per hour to qualify for the exemption. Continue Reading “Inside Sales Exemption” – Are Commissions Calculated When Earned or When Paid?
Is Leave Required As An Accommodation If It Is Unclear If The Employee Will Be Able To Perform The Job In The Near Future?
By Ramona Carrillo on
Robert v. Board of County Commissioners of Brown County, Kansas, et. al. (10th Cir. Aug. 29, 2012) No. 11-3902
The job description for Robert’s job as a supervisor of felony offenders included 18 “essential functions.” Some of those included functions like performing drug screenings, ensuring compliance with court orders, testifying in court, and “field work,” which consisted of visiting the homes of individuals who had been released from prison to assist them in their reentry into society. The job required “considerable fieldwork . . . throughout the 22nd Judicial District," "visits in less than desirable environments," and "potentially dangerous situations in field/office contacts."Continue Reading Is Leave Required As An Accommodation If It Is Unclear If The Employee Will Be Able To Perform The Job In The Near Future?
Another Door Closes on Non-Compete Agreements
By Ramona Carrillo on
By: James Kachmar
Readers of this blog will note that we frequently remind them that California law generally prohibits non-compete agreements. There are very limited exceptions to this general rule, one being that the seller of goodwill in a business can be bound by a valid non-compete agreement to protect the goodwill that is being purchased. Sometimes, the buyer of a company will want to continue to employ certain key employees, who can also be the sellers of the goodwill of the former company. We have seen instances where the purchasing company gets creative and subjects the seller/key employee to two covenants not to compete, one in the purchase agreement and the other in an employment agreement. Last week, a California appellate court shut the door on this approach in the case Fillpoint, LLC v. Maas.Continue Reading Another Door Closes on Non-Compete Agreements
Employers: Relying on an Arbitration Provision In Your Employee Handbook May Not Protect You
By Ramona Carrillo on
Posted in Employment Contracts and Agreements
As this blog frequently reminds its readers, California state courts take a hard look at arbitration agreements in the employment context. The recent case: Sparks v. Vista Del Mar Child & Family Services, from the Second Appellate District of California provides additional support for why employers need to be extra careful in establishing enforceable arbitration provisions.Continue Reading Employers: Relying on an Arbitration Provision In Your Employee Handbook May Not Protect You