Morgan Lewis

California Employment Counseling Publications of Interest

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11/21/11 Best Buy Assistant Managers Denied Class Certification in OT Suit, Law360
Barbara Miller and George Stohner are mentioned.
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02/06/12 DLSE Updates California Wage Theft Prevention Act FAQs

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

Despite the DLSE's effort to provide guidance to employers on compliance with the act, questions remain.

10/28/11 New Wave of California Employment Laws Requires Prompt Action

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

A new tidal wave of employment laws is about to flood the shores of California. On January 1, 2012, multiple new laws will take effect in California, and they will have a significant impact on the employment practices of compani... more

10/11/11 New California Law Prescribes Stiff Penalties for Employers' Willful Misclassification of Employees as Independent Contractors

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On October 9, California Governor Jerry Brown signed into law Senate Bill 459, which prohibits employers from willfully misclassifying workers as independent contractors. The new law, designed to force businesses to rethink the... more

04/28/10 California Supreme Court Broadens Scope of Judicial Review of Arbitration Awards in FEHA Cases

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On April 26, in Pearson Dental Supplies, Inc. v. Superior Court (Turcios) , the California Supreme Court expanded the narrow scope of judicial review of an arbitration award in an employment case brought under California's Fa... more

03/10/10 California Court of Appeal Holds Witness Statements Not Protected by Work-Product Doctrine

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

The California Court of Appeal's new decision in Coito v. Superior Court , ___ Cal. App. 5th ___ (Cal. Ct. App., 5th Dist., Mar. 4, 2010) opens a can of worms for employers relating to attorney work-product protection over thir... more

12/03/09 California DLSE Issues Opinion Letter Regarding Deductions for Partial- and Full-Day Absences for Exempt Employees

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On November 23, the California Division of Labor Standards Enforcement (DLSE) issued an opinion letter stating that employers may deduct vacation and sick leave banks for exempt employees' partial-day absences of fewer than four... more

11/05/09 California Supreme Court Affirms Employer’s Right to Offer Voluntary Equity Plan

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

In a decision strengthening the right of employers and employees to negotiate the terms of employees' compensation, the California Supreme Court in Schachter v. Citigroup, Inc. , No. S161385 (November 2, 2009), affirmed summary... more

07/02/09 California Supreme Court: Labor Code PAGA Representative Actions Need Not Meet Class Action Requirements

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On June 29, the California Supreme Court issued a decision in Arias v. Superior Court (Angelo Dairy) , No. S155965 (June 29, 2009), that could result in even more lawsuits against employers over wage and hour claims. By ruling... more

06/05/09 Dealing with Tipped Employees: California Court of Appeal Reverses $105 Million Starbucks Verdict

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

In a decision with significant implications for California employers of tipped employees, on June 2 the California Court of Appeal reversed the decision of the San Diego Superior Court in Chau v. Starbucks Corp. , Case No. GIC8... more

03/25/09 Eastern District of California Holds That Unlicensed Accountants Are Not Exempt from Overtime Laws

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

In a case that will be of interest to any company that employs unlicensed accountants, including professional accounting firms, the U.S. District Court for Eastern District of California under Judge Lawrence K. Karlton granted su... more

12/19/08 California Court Rejects Class Action over Application Form Question Where Class Representatives Were Not Harmed

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On December 10, the California Court of Appeal granted summary judgment in favor of Starbucks Corporation, finding that plaintiffs seeking to represent a potential class of 135,000 job applicants failed to show they were harmed... more

11/12/08 Ninth Circuit Holds That California Labor Code Applies to Work Performed in California by Nonresidents

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

In a case with potentially far-reaching implications for California and non-California employers alike— Sullivan v. Oracle Corporation , 08 C.D.O.S. 13881 (9th Cir. Nov. 6, 2008)—the Ninth Circuit held that the requi... more

10/02/08 California Clarifies Overtime Exemption for Computer Professionals (Labor Code 515.5)

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On September 30, Governor Schwarzenegger signed Assembly Bill 10 (AB 10), which clarifies California Labor Code section 515.5’s exemption for computer professionals paid on a salaried basis. In addition to clarificatio... more

08/08/08 New Rules for Noncompete Provisions and Releases in California

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

In Edwards v. Arthur Andersen LLP , the California Supreme Court has confirmed that even limited noncompetition agreements are not enforceable in California. The Supreme Court also held that release agreements are valid even t... more

07/24/08 California Court of Appeal Restricts Employee Rights to Recover for Meal and Rest Break and Off-the-Clock Violations

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

In a case that may have far-reaching and positive implications for both California employers and employees, the California Court of Appeal for the Fourth Appellate District held that (1) employers need not ensure that their emp... more

01/10/08 The Ninth Circuit Court of Appeals Allows San Francisco’s Health Care Security Ordinance to Take Effect

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

In August 2006, San Francisco’s mayor signed into law the San Francisco Health Care Security Ordinance (HCSO). The HCSO requires certain employers operating with the geographic limits of the City and County of San Francis... more

11/16/07 California Supreme Court Approves Compensation Practice of Using Clearly Delineated Lump-Sum Payments for Reimbursing Employee Expenses

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

On November 5, 2007, the California Supreme Court issued its opinion in Gattuso v. Harte-Hanks Shoppers, Inc. , holding that an employer may indemnify employees for reasonable and necessary business expenses under California L... more

11/07/07 Increase to California’s Minimum Wage to Take Effect January 1, 2008

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

In accordance with a 2006 legislative enactment, effective January 1, 2008, the California minimum wage will increase by $0.50, from $7.50 per hour to $8.00 per hour. This increase will have broad-ranging effects on companies w... more

10/11/07 California Adopts Military Spouse Leave Law, Effective Immediately

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

On October 9, Governor Schwarzenegger signed California Assembly Bill (AB) 392 into law. AB 392 adds Section 395.10 to the California Military and Veterans Code and creates a new leave of absence right for spouses of military p... more

09/10/07 California Supreme Court Limits Class Action Waivers in Wage and Hour Cases

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

On August 30, the California Supreme Court issued its opinion in Gentry v. Circuit City Stores, Inc. (Gentry) . In this important decision, the court held that a class action waiver contained in an employment arbitration agree... more

09/05/07 New AB 1825 California Training Regulations: What Do They Mean for Your Organization?

Presentation | Webinar
David Bowman, Karen Peteros

08/30/07 California Disability Law Requires Employees Claiming Disability Discrimination to Prove That They are Qualified Individuals

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

In Green v. State of California , S137770, the California Supreme Court ruled in a 4-3 opinion issued on August 23, that California’s Fair Employment and Housing Act (FEHA) requires plaintiffs to prove that they are “qualified ... more

08/20/07 California’s Sexual Harassment Training Regulations Take Effect

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

On August 17, regulations under California’s mandatory sexual harassment prevention training law took effect. Since the California Fair Employment and Housing Commission (FEHC) first proposed regulations under this law, commonl... more

05/09/07 Three-Year Statute of Limitations Applies to Meal and Rest Period Violations of California Labor Code

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

On April 13, 2007, the California Supreme Court issued its opinion in Murphy v. Kenneth Cole Productions, Inc. (Murphy) , holding that the remedy provided by California Labor Code Section 226.7 (Section 226.7) for rest break a... more

03/02/07 San Francisco Delays Full Implementation of Paid Sick Leave Ordinance

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

Earlier this week, legislative action was taken to delay, by 120 days, full implementation of San Francisco Measure F, known as the Paid Sick Leave Ordinance (the Ordinance). As the February 5, 2007 effective date of the Ord... more

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