California Severely Limits The Use of Choice of Law and Venue Provisions in Employment Contracts

Starting January 1, 2017, California Labor Code, Section 925 generally prohibits choice of law or venue provisions in employment contracts for California employees. Section 925 provides as follows: (a) An employer shall not require an employee who primarily resides and works in California, as a condition of employment, to agree to a provision … [Read more...]

New Wage Laws in California

November 22, 2016, San Diego, California – On April 4, 2016, Governor Brown signed Senate Bill (“SB”) 3 into law. SB 3 incrementally raises California’s minimum wage each year between 2017 and 2022 and also changes what constitutes an “exempt” employee from overtime pay requirements. (Had a bill not been passed, California citizens would have had … [Read more...]

Uber Class Action Update

This summer, Uber announced a settlement of the class actions claims against it in California and Massachusetts for a monetary payment of up to $100,000,000. But the judge overseeing the case rejected the settlement. Separately, but significantly, a federal appeals court ruled that the arbitration agreements signed by most drivers were … [Read more...]

The Habitual Nature of Sexual Harassment

Sexual harassment usually is not an isolated event. Gretchen Carlson, a former Fox News host, recently filed a lawsuit against (now former) CEO of Fox News, Roger Ailes, alleging causes of action for sexual harassment and retaliatory termination. Ms. Carlson primarily alleges that Ailes propositioned her on numerous occasions, ogled her, demanded … [Read more...]

Uber Drivers: employees or independent contractors?

Uber recently announced a class action settlement for California and Massachusetts drivers involving a monetary payment of up to $100,000,000. This lawsuit was the first of several class action lawsuits against Uber. WHY ARE DRIVERS SUING UBER? The recently settled lawsuit primarily focused on how Uber classifies its drivers. Uber … [Read more...]

CAN AN INDEPENDENT CONTRACTOR WORK FULL TIME HOURS FOR BELOW MINIMUM WAGE?

Independent contractors are not entitled to minimum wage under California law and the federal Fair Labor Standards Act. They can work full time hours for below minimum wage. CURRENT MINIMUM WAGE Federal and state laws set minimum wage. Minimum wage is the minimum amount employers must pay employees for each hour worked. The purpose of minimum wage … [Read more...]

CAN CALIFORNIA EMPLOYERS FORCE OVERTIME WORK ON YOU?

California employers can require employees to work overtime. They can even demote, discipline or terminate employees who refuse to work overtime.  Despite being allowed to force employees to work overtime, employers nonetheless must: (1) properly pay employees at the appropriate overtime pay rates; and (2) comply with the state's mandatory … [Read more...]

FIVE WAYS YOUR EMPLOYER MAY BE USING ILLEGAL SURVEILLANCE

Employers often will review   or eavesdrop on employee communications, especially if they suspect their employees are engaging in wrongdoing. Employees generally have minimal privacy rights in communications that take place at work or on work-issued computers and cellphones. Below are five ways employers can legally (and illegally) spy on their … [Read more...]

SEEKING BACK PAY FOR AN UNPAID INTERNSHIP

  In today's modern business world, interns are becoming the contemporary equivalent of yesterday's entry-level employees. The primary difference between the two is that, unlike entry-level employees, interns are often not paid for their work. Employers will categorize workers as “interns” to avoid paying wages. This goes against many federal … [Read more...]

CAN MY EMPLOYER ASK ME FOR ACCESS TO MY FACEBOOK, TWITTER, AND OTHER PERSONAL SOCIAL MEDIA ACCOUNTS?

California law restricts your employer from asking you to provide access to private information stored in your Facebook, Twitter, and other personal social media accounts.  The law generally makes it illegal for employers to request or require current employees (job applicants) to: disclose their usernames or passwords in order to access their … [Read more...]