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
Commentary on Issues Facing California Employers
Like so much of California employment law, the limits on an employer’s ability to drug test are not well defined.
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…
Continue Reading The Long Arm of California Law – Lidow v. Superior Court
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…
Continue Reading Long-Awaited Brinker Decision A Relief For Employers
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…
Continue Reading A Useful Questionnaire For Distinguishing Employees from Independent Contractors
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. …
Continue Reading Are Armendariz and Concepcion on a collision course?
California and U.S. Department of Labor cooperating to go after employers who misclassify employees as independent contractors.
Continue Reading California and DOL join forces
We’ve been waiting (forever it seems) for the California Supreme Court to issue its decision in Brinker Restaurant Corp. v. Superior Court. Based on oral argument last month…
Continue Reading Brinker – The Wait Continues As Cal Supreme Court Considers "Rolling 5" Issue
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 …
Continue Reading New Penalties for Misclassifying California Employees as Independent Contractors
New California law bans discrimination based on genetic information…
Continue Reading California Bans Discrimination Against Mutants