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News & Insights

March 12, 2014

Annual Update on Key Employment Law Cases and Legislation

Announcements
Payne & Fears LLP partner Eric C. Sohlgren was the keynote speaker, addressing over 155 lawyers, at the Orange County Bar Association Labor and Employment Law Section meeting on February 11, 2013. Sohlgren reviewed dozens...
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March 11, 2014

Recent Employment Law Legislative Developments

News/Alerts
California Employment Law Update The California Legislature continues to be active in passing legislation affecting California employers and employees.  This article outlines the most notable employment laws that went...
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March 11, 2014

Residential Employees Not Entitled To Pay For “On-Call” Time

News/Alerts
The Isner case addresses the special circumstance of employers that require their employees to reside where they work. Husband and wife Plaintiffs Ron and Sharon Isner worked as apartment managers for Defendant...
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March 11, 2014

Starbucks Must Pay Baristas $86 Million Plus Interest for Tip-Pooling Arrangement

News/Alerts
California Employment Law Update On March 21, 2008, a San Diego County Superior Court ruled that Starbucks violated California law by allowing shift supervisors to share in the customer tip pool.  Jou Chou, a former...
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March 11, 2014

Genetic Nondiscrimination Bill Signed Into Law

News/Alerts
Employment Law Update On May 21, 2008, President Bush signed the “Genetic Information Nondiscrimination Act,” or “GINA.” GINA is far-reaching in that it intersects with many federal laws including Title VII of the...
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March 11, 2014

New Cell Phone Law Goes Into Effect July 1, 2008

News/Alerts
California Employment Law Update California businesses need to be prepared for a new law taking effect on July 1, 2008 that will change how California drivers can use their cell phones. Businesses with employee drivers in...
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March 11, 2014

Court of Appeals Holds that California Employers Need Only Provide Meal and Rest Breaks Not Ensure that Employees Take Them

News/Alerts
California Employment Law Update The plaintiffs, hourly employees of several Brinker-owned restaurants in California, filed a class action against the restaurant chain, alleging rest break violations, meal break and “early...
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March 11, 2014

California Supreme Court Brightens Rule Prohibiting Noncompete Agreements

News/Alerts
Edwards v. Arthur Andersen involved an employee, Raymond Edwards (“plaintiff”), of Arthur Andersen (“Andersen”) who attempted to secure employment with competitor HSBC in the midst of the collapse of...
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March 11, 2014

California Legislature Clarifies Overtime Pay Exemption for Computer Professionals

News/Alerts
California Employment Law Update Governor Schwarzenegger signed AB 10, which was classified as an “urgency” bill, on September 30, 2008.  The bill went into effect upon the governor’s signature, modifying...
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March 11, 2014

FEHA Statute of Limitations Subject to Equitable Tolling

News/Alerts
California Employment Law Update The plaintiff in McDonald v. Antelope Valley Community College, a job application for a library administrative staff position, repeatedly applied for a position with the defendant, a community...
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March 11, 2014

California Employers Await Definitive Answer from California Supreme Court on Meal and Rest Break Obligations

News/Alerts
California Employment Law Update On October 22, 2008, the California Supreme Court granted review of and de-published Brinker Rest. Corp. v. Superior Court, 165 Cal.App.4th 25 (2008), an important recent decision that...
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March 11, 2014

Ninth Circuit Holds that California Labor Laws Apply to Work Performed Within California by Nonresident Employees

News/Alerts
California Employment Law Update Three employees of the Oracle Corporation, instructors who trained customers to use Oracle software, sued the company for failure to pay overtime wages.  The plaintiffs were not residents...
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