The United States Supreme Court may decide to review Staub v. Proctor Hospital, a case from the Seventh Circuit which raises issues regarding the colorfully named “cat’s paw” theory.
Continue Reading The Cat’s Paw: Viable Theory or Just Another Dog?
Alex Hernaez
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THE TOP MISTAKES MADE BY CALIFORNIA EMPLOYERS: WHAT YOU NEED TO KNOW.
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ADEQUATE SEATING FOR EMPLOYEES IN THE RETAIL ENVIRONMENT: THE NEXT BIG "GOTCHA"?
By Alex Hernaez on
Section 14 of the Mercantile Wage Order states the following:
(A) All working employees shall be provided with suitable seats when the nature of the work reasonably permits the use
…
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THORNY REMOVAL ISSUES: PROVING THE AMOUNT IN CONTROVERSY
By Alex Hernaez on
We love federal court. Hence, we love removing actions to federal court. But the road to removal is paved with opportunities for remand. One primary issue is how to demonstrate…
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DLSE ALLOWS DEDUCTIONS FROM VACATION OR SICK TIME OF EXEMPT EMPLOYEES
By Alex Hernaez on
On November 23, 2009, the Division of Labor Standards Enforcement (“DLSE”) issued an Opinion Letter stating that California employers may deduct from the leave balances of exempt employees for partial…
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UNLICENSED ACCOUNTING WORK: EXEMPT OR NOT? ASK OLIVER WENDELL HOLMES.
By Alex Hernaez on
Campbell v. Pricewaterhousecoopers, LLP, 602 F. Supp. 2d 1163, 1181 (E.D. Cal. 2009).
Continue Reading UNLICENSED ACCOUNTING WORK: EXEMPT OR NOT? ASK OLIVER WENDELL HOLMES.
EEOC Issues Swine Flu / H1N1 Guidance.
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The EEOC has issued an advisory to employers regarding how to deal with the Swine Flu or H1N1 virus. We are working on an analysis of what specific issues California…
Unpaid Internships: Possibly Helpful; Often Illegal.
By Alex Hernaez on
Caveat emptor is the rule of thumb in any marketplace. But nowhere is this bit of wisdom more true than on Craigslist. You can get pretty much anything through…
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DLSE OPINION LETTERS PENDING BRINKER AND BRINKLEY
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Pending decisions from the California Supreme Court in Brinker Restaurant Corp. v. Superior Court of San Diego County and Brinkley v. Public Storage, Inc., the Division of Labor Standards…
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California Summary Judgment: Some Technical Guidance.
By Alex Hernaez on
Summary judgment can be an employer’s best friend. But it can also be a minefield. There are many technical rules to be observed and, like a microcosm of law practice itself, …
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