Category Archives: Employment
Limits on Civil Torture
It is easy to feel smug when we look back on our ancestors 1000 years ago. They had donkeys — we have 400 horsepower, 4 wheel drive vehicles. They had the Black Death — we have vaccines for all types of illness, even cancer. For a justice system, they had trial by ordeal — we […]
Time to Get Commission Agreements in Writing
We’ve said it before, about the need to get things in writing, but now getting commission schedules in writing will be the law here in California starting next year: “By January 1, 2013, whenever an employer enters into a contract of employment with an employee for services to be rendered within this state and the contemplated […]
Unemployment Benefits: The Greased Pig
Sometimes being an employer is like being in a greased pig contest: you just can’t get your arms around it. An employee does something that amply justifies firing him. He admits what he did, but seeks and (eventually) is awarded unemployment, thereby costing the employer’s account. What gives? A recent court decision, Robles v. EDD […]
Tips for Employers About Tips in California
California has a long tradition of being employee-friendly: covenants not to compete by employees are unenforceable, and the minimum wage is usually higher in California than that nationally. The same is true for professions with tips, which may be the next “hot” area of labor law in California. Employers whose employees earn tips had best get […]
California Supreme Court: Employers Do Not Have to Ensure Employees Take Breaks
The state Supreme Court has finally clarified California employer obligations regarding employee meal periods and rest breaks. As we predicted after the oral arguments in Brinker Restaurant Corp. v. Superior Court (“Brinker”), the Court determined employers have no duty to ensure that employees perform no work during meal breaks. The Court also ruled on the number […]
Nah, No Employer Would Be That Dumb
One criticism of attorneys that non-attorneys ( better known as “real people”) have is that we spend too much time in the netherworld of hypothetical situations. Surely, no employer would ever: 1. Refuse to believe his assistant when she announced that she was pregnant, because she told him for the first time on April 1st; […]
Silicon Handshake or Hangman’s Noose: The NDA’s Opportunities and Risks
Nondisclosure Agreements (“NDA”) are everywhere: a Silicon Valley Don Juan had an NDA ready for every date. However, NDAs are not created equal — what is good for the discloser is not good for the recipient. The “Silicon Handshake” can become a hangman’s noose for the unwary. Questions to Ask. Any potential signer to an […]
It’s H-1B Visa Season
2013 H-1B Visa Application Start Date If your firm is seeking to provide a new H-1B visa on or after October 1, 2012, the application season opens on April 2nd. In past years, the maximum number of visas was reached within the first few days of the period, so it will be important to get […]
Are Interns A Good Idea?
By Kim Kennedy Does your business use interns? Are you thinking of hiring an intern or two in the near future? The economy is still struggling, and hiring more employees is a significant expense in payroll costs, as well as in other costs such as health insurance, and training. There are hordes of unemployed recent […]
A Wellness Program — For Your Business
Just as your body needs annual wellness checkups, your business does, too. Much of the simple matters can be done by your office, without an lawyer – but if issues turn up, it may be time to check with counsel. Corporate Status ❏ Corporate Status. Is your business in good standing with the state? In […]
