Let’s say an employee was “completely incapacitated” and needs to take leave due to a back injury. The employee is granted leave, but then terminated while on leave. This sets the perfect stage for a successful interference and retaliation claim, right? The Court in Jaszczyszyn v. Advantage Health Physician Network disagreed (full opinion may be found here: http://www.ca6.uscourts.gov/opinions.pdf/12a1152n-06.pdf).Continue Reading Facebook Pictures Enough for the Sixth Circuit to Uphold the Employer’s “Honest Belief” Defense (Sara Jaszczyszyn v. Advantage Health Physician Network)
Employee
See’s Candy Decision a Halloween Treat for Rounding Punch Times
By Ramona Carrillo on
Posted in Wage & Hour
Right in time for Halloween, See’s Candy Shops, Inc., has managed to sweet talk the California Court of Appeal into giving a sugary treat to employers in terms of wage-and-hour laws. According to the decision in See’s v. Superior Court, California employers might be able to use a “timekeeping policy that rounds employee punch in/out times to the nearest one-tenth of an hour” without violating the state’s strict overtime laws. The appellate court’s opinion is available at this link.Continue Reading See’s Candy Decision a Halloween Treat for Rounding Punch Times
New Laws Affecting Public Schools Employees
By Ramona Carrillo on
AB 2263
AB 2663 made various technical changes to various sections of the Education Code administered by the California State Teachers’ Retirement System (CalSTRS) and of the Public Resources Code to improve, and continue effective administration of the System. Among the changes made are the following:Continue Reading New Laws Affecting Public Schools Employees
Governor Brown Signed AB 2103 to Make Clear that “MUTUAL WAGE AGREEMENTS” ARE ILLEGAL IN CALIFORNIA
As the L&E Law Blog readers may recall from the August 31, 2011 blog post and the teleseminar I conducted on September 14, 2011, the court in Arechiga v. Dolores Press, Inc. (2011) 192 Cal. App. 4th 567 was the sole California decision that held that “mutual wage agreements” were legal in California despite the express language in section 515 of the Labor Code.Continue Reading Governor Brown Signed AB 2103 to Make Clear that “MUTUAL WAGE AGREEMENTS” ARE ILLEGAL IN CALIFORNIA
Don’t Ask for Passwords – Restrictions on Employer Use of Employee Social Media Accounts and Information is Now Law
By Ramona Carrillo on
Posted in Labor Law, New Legislation and Regulations
By: Charles L. Post
AB 1844 is now law. Among other things, it:
(1) prohibits an employer from requiring or requesting an employee or applicant for employment to disclose a user name or password for the purpose of accessing personal social media or to require the employee or applicant to access personal social media in the presence of the employer or to divulge any personal social media;Continue Reading Don’t Ask for Passwords – Restrictions on Employer Use of Employee Social Media Accounts and Information is Now Law