Showing 116 posts in California.

California Court Finds Employment Arbitration Provision Unconscionable

March 5, 2012 by Hinshaw & Culbertson LLP

Employment arbitration agreements are generally enforceable in California. However, great care is required in both the drafting and the implementation. For example, California's First District Court of Appeal (San Francisco) recently underscored this through the unconscionablity doctrine in Ajamian v. Cantor CO2e, No. A13125 (Cal.Ct. App. Feb. 16, 2012). The Court affirmed denial of an employer's petition to compel arbitration under a provision in an employment contract. More ›

Significant Public Interest in Investigation, Discipline of School Teacher Outweighs His Right to Privacy

January 27, 2012 by Hinshaw & Culbertson LLP

Though personnel files are typically afforded protection from inquiring minds, the rules are a little bit different when there’s a significant public interest at issue. That was precisely the case in this recent decision by the California Court of Appeals. More ›

New Workplace laws for California Employers

January 3, 2012 by David Ian Dalby

If you have employees in California, you may wish to scroll through this list of legislation passed in 2011, all of which became effective January 1, 2012. The legislation includes new rules about using consumer credit reports as a part of background checks, E-verify, leaves of absence for organ donors, and various other employment and wage and hour provisions.   

CA Supreme Court Issues Insightful Ruling on Application of Administrative Exemption

December 29, 2011 by Hinshaw & Culbertson LLP

Today the California Supreme Court issued its ruling in Harris v. Superior Court. This case dealt with whether or not insurance adjusters were properly classified as exempt employees, or whether they should have been entitled to overtime compensation under the California Industrial Welfare Commission’s Wage Orders and the California Labor Code. More ›

Another California Court Holds Employers must "Make Available," not "Ensure" meal Breaks

September 14, 2011 by Hinshaw & Culbertson LLP

For the past few years, California courts have been inundated with lawsuits filed by employees claiming that they did not receive their thirty-minute uninterrupted meal breaks per Labor Code section 512, which provides that:   More ›

Court Erred in Excluding “Me Too” Evidence Relating to Employee’s Claims of Sexual Harassment and Discrimination

September 12, 2011 by Hinshaw & Culbertson LLP

The California Court of Appeals recently issued an important ruling about the use of "me too" evidence in discrimination and harassment cases.  More ›

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