NO-REHIRE CLA– USES IN SETTLEMENT AGREEMENTS

The only thing worse than being sued by a disgruntled former employee is to be sued later for refusing to re-hire the same employee. To avoid this situation, employers often require, as a condition of agreeing to settle a claim, that former employees agree to forego...

WAGE-HOUR EXEMPTIONS FOR SALES EMPLOYEES

There is a strong presumption in favor of paying employees overtime when applicable, and providing them with the protections of various wage-hour laws. Employers always have the burden of establishing that an exemption from some or all of these laws applies. The...

MAKING EQUAL PAY MORE EQUAL?

The “wage gap” between men and women has been the subject of numerous proposed federal and state laws in the last few years. Proponents of California’s new Fair Pay Act (SB 358 – Jackson) — which the Legislature has approved and Governor Brown has said he will sign —...

2015 CALIFORNIA SUPREME COURT ROUNDUP PART 2

This article is Part II of a two-part series. Here are the rest of the most important employment law decisions from the California Supreme Court during the past year. Gregory v. Cott (August 4, 2014) The Cotts, an Alzheimer’s patient and her husband, contracted with a...

2015 CALIFORNIA SUPREME COURT ROUNDUP PART 1

This article is Part 1 of a two-part series providing an overview of recent California Supreme Court decisions in employment law. The California Supreme Court issued several decisions during the past year that will affect employment law for California employers. We...

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