What’s New in Employment Law?
Welcome to Shaw Law Group, PC’s law blog. We will focus on employment law developments, particularly in California. Nothing in this forum should be construed as legal advice, ’cause it isn’t. So, please consult your lawyer or hire us! (We typically represent employers, not employees). Also – this is a public website, so communications are not privileged. Copyright Shaw Law Group, PC © 2017. All rights reserved.
California Court of Appeal Upholds Hourly Rate Based on “Greater of” Guaranteed Minimum or Productivity Formula
By D. Gregory Valenza | | October 6, 2018
Certified Tire put in place, per the Court. a compensation program, which guaranteed its automotive technicians a specific hourly wage above the minimum wage for all hours worked during each pay period but also gave them the possibility of earning a higher hourly...
California Legislature Changes a Number of Employment Laws that Will Affect You. And Me, Too. (SWIDT?)
By D. Gregory Valenza | | September 30, 2018
As the Legislative session closed, Governor Jerry Brown, his final term as governor ending, put an indelible mark on employment law. Several of the bills that Governor Brown signed will require changes to employment documents, new training, and new approaches to...
Court of Appeal: Individual Employees May Be Held Liable for Some Penalties and Attorney’s Fees in Wage-Hour Cases
By D. Gregory Valenza | | September 29, 2018
Well, looks like a Court of Appeal (in Atempa v. Pedrezzani (here)) has decided that any person "acting on behalf of an employer" who violates or causes a violation of the state's applicable overtime laws may be held personally liable for civil penalties under Labor...
Court of Appeal Rejects Employer Liability for Employee’s Off-Duty Driving Accident
By D. Gregory Valenza | | September 22, 2018
The doctrine "respondeat superior" means that the employer may be held liable for the act of its employee committed in the course and scope of employment, or something close to that. The idea is that the employer has a deeper pocket and can spread the costs of its...
Some Quick California Employment Law Updates
By D. Gregory Valenza | | September 20, 2018
Just a quick update on some California law developments. First, the Governor is considering whether to sign pending legislation awaiting signature or veto. We'll have a full article on all the new laws. Also, please consider attending our end of year update for even...
Court of Appeal: Posting a Bond (or Seeking a Waiver) Strictly Enforced in Labor Commissioner Appeals
By D. Gregory Valenza | | August 21, 2018
As we wrote in our previous post, here, the courts are not fans of appeals of Labor Commissioner decisions. So, when the legislature makes it harder to appeal, the courts are pleased to enforce these laws strictly. The latest example is Burkes v. Robertson, opinion...
A Cautionary Tale About Labor Commissioner Appeals
By D. Gregory Valenza | | August 13, 2018
The Court of Appeal's decision in Nishiki v. Danko Meredith, APC (here) contains some good guidance for employers regarding when final pay is due under California Labor Code section 202, when an employee resigns without notice. And the Court held that waiting time is...
Court of Appeal Vacates Arbitration Award Due to Arbitrator’s Deficient Disclosure
By D. Gregory Valenza | | August 6, 2018
In California, arbitrators must comply with certain ethical rules, which include making disclosures of their work in other cases involving the same parties or counsel. These rules help the parties decide if the arbitrator is neutral or affected by the "repeat player...
California Supreme Court: Turns Out Cal. Wage Hour Law Cares About Trifles
By D. Gregory Valenza | | July 27, 2018
The California Supreme Court unanimously decided that the legal maxim "de minimis non curat lex," or "the law does not care for trifles." does not apply to California wage-hour law. What does that mean in English? Well, it means that when the law says to pay for...
California Governor Signs Bill Providing Meal Period Relief to Almost No Employers Whatsoever!
By D. Gregory Valenza | | July 20, 2018
Governor Jerry Brown just signed AB 2610 (here) This is a law that modifies Labor Code section 512, which mandates the California meal periods. Unfortunately, the new bill applies only to a very limited group of employers, as detailed below. And that means one thing:...
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