Like so much of California employment law, the limits on an employer’s ability to drug test are not well defined. 

  • The ability to test applicants is relatively unfettered. You can test applicants after you’ve offered the job, but before they start work.
     
  • If you have a reasonable suspicion that the employee is using illegal drugs,

Following complaints of accounting irregularities, a Delaware corporation negotiated a separation agreement with its then CEO. The separation agreement did not include a release of liability, but did state that the CEO was resigning "freely and voluntarily" "at the Company’s request." The CEO then sued in California (where he worked) claiming that he was terminated in retaliation

After more than three years and two rounds of briefing, the California Supreme Court has issued its long-awaited decision in Brinker Restaurant Corp. v. Superior Court. Overall, the decision is a significant win for employers. Here are the key points in the unanimous decision that the Court issued today:

  • Employers do not have to

We’ve written quite a bit about the new penalties for mischaracterizing employees as independent contractors. But we haven’t talked as much about how to draw the distinction. Partly that’s because different government agencies use different approaches. And some of it’s due to the fact that these can be very fact-specific determinations and it’s hard

In 2000, the California Supreme Court used its decision in Armendariz v. Foundation Health Psychcare Services to articulate minimum requirements for employment arbitration agreements. Last year, in AT&T Mobility LLC v. Concepcion, the U.S. Supreme Court reiterated that the Federal Arbitration Act preempts state laws that “stand[] as an obstacle to the accomplishment and execution

Patience is a virtue. I get that. It’s just not one of my virtues. That’s why I wrote here and here and here about wanting the California Supreme Court to hurry up and give us a decision in Brinker Restaurant Corp. v. Superior Court. We’ve been waiting more than 3 years for a decision from the court in

We’ve been waiting (forever it seems) for the California Supreme Court to issue its decision in Brinker Restaurant Corp. v. Superior CourtBased on oral argument last month, things look relatively promising for employers who’ve taken the position that they’re only required to make meal periods available to employees (as opposed to ensuring

Thanks to Kent Bradbury for the following post:

Among several employment-related bills signed into law by Governor Brown recently was SB 459, a bill that significantly raised the stakes in the continuing game of cat and mouse we know as the proper classification of independent contractors.  It includes the following provisions: 

  • A prohibition on