Last week, the California Supreme Court clarified an employer’s obligation to provide its employees with a weekly day of rest. This clarification required interpretation of the Labor Code provision which prohibits an employer from “caus[ing] his employees to work more than six days in seven.” This issue arose when a Nordstrom employee filed a suit...

The law continues to evolve in answering the question of when an employer is held liable for an employee’s actions. The legal doctrine of “respondeat superior” imposes liability on employers for actions of their employees. The purpose of the doctrine is three fold: (1) to encourage accident prevention; (2) to allow an innocent person to...

When a Fresno female math teacher discovered that the County was paying her less than her male counterparts for the same work, she filed a suit under the Equal Pay Act. For the female teacher to be successful in this suit, she must only show that she is receiving different wages for equal work. Once...

At the end of March, the California Court of Appeal found that employee compensation plans must separately account and pay for rest periods to comply with California law. This decision directly affects employers who compensate employees through commission or piece-rate compensation plans. The employer in this recent case compensated its employees through commission plans that...

The 9th Circuit court has further defined what constitutes a “hostile work environment” with regards to sexual harassment. In a recent case, a Yolo County correctional officer claimed that the country sheriff, who oversaw more approximately 250 employees, created a hostile work environment by hugging her over one hundred times and kissing her once during...

California legislators put forth several employment bills in recent weeks set to impact private sector employers. For the bills to become effective, the Legislature will still need to vote on each bill. The bills that the Legislature passes will then move to Governor Brown for signature or veto. Opportunity to Work: Already implemented in San...

1. Federal Exempt Salary Requirement on Hold; California Increase The December 1, 2016 increase in the minimum salary level for exempt employees was put on hold nationwide at the decision of a Texas Judge. The scheduled increase was set to raise the salary threshold under which employers designate workers as “exempt” from overtime and breaks...

Generally, an employer is liable for its employee’s actions while the employee is acting within the scope of his or her employment. Activities such as traveling to and from work are considered to be outside the scope of employment, and therefore, employers are not liable for employee actions during commutes. This is known as the...

As of last week, a federal judge in Texas ruled that the anticipated December 1, 2016 increase in the minimum salary level for exempt employees is to be put on hold – nationwide. The scheduled increase was set to raise the salary threshold under which employers designated workers as “exempt” from overtime and breaks from...

Most employers are aware that timing requirements exist regarding the payment of final wages to employees who quit or are terminated from the company. However, employers now need to know that they owe the same prompt payment to employees who retire from the company according to a recent decision by the California Supreme Court. There...