California Labor & Employment Defense Blog
This blawg keeps employers up-to-date about developments in California law, including class actions and single-plaintiff cases. It is written for in-house counsel, human resource professionals and business owners.
Author: Anthony Zaller is a partner at Van Vleck, Turner & Zaller in Los Angeles.
Blawg Related Categories: In-house Counsel • Labor & Employment • States • California • Solo / Small Firm
Recent Posts from California Labor & Employment Defense Blog
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Ninth Circuit Authorizes a Practical "Alternative Workweek" Solution -- Parth v. Pomona Valley Hospital
In Parth v. Pomona Valley Hospital Medical Center, the Ninth Circuit authorized employers and employees to exercise some flexibility in attempting to work around the overtime requirements of the FLSA. In Parth, a group of nurses was originally assigned to…
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Employees Are Not Required to Exhaust Internal Expense Reimbursement Procedures Before Suing -- Stuart v. RadioShack
California employees have a right to be reimbursed for their work related expenses, such as business travel, equipment, materials, training, and even legal expenses. On the other hand, companies typically have their own deadlines, rules, special…
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Dan Rather's Wrongful Termination Suit Against CBS is Dismissed Pursuant to "Pay or Play" Clause
Dan Rather was famously terminated following his 2004 "60 Minutes II" report which used forged documents to accuse George W. Bush of evading military service. And a New York State Appellate Court has just dismissed the last remnants of Rather's wrongful…
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Employers Cannot Avoid Liability For Discrimination By Subcontracting Hiring Decisions -- Halpert v. Manhattan Apartments
In Halpert v. Manhattan Apartments, Inc. a job applicant sued after being told he was "too old" for a position. The prospective employer initially won summary judgment on the ground that it was not liable as the hiring…
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Court holds independent contractor status of cab drivers not suitable for class action.
USA Cab owns a fleet of about 45 taxis that it leases to drivers, and it operates a taxi dispatch service. At issue in the case was whether USA Cab’s classification of the drivers as…
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Is The NFL's Anti-Tampering Rule Legal Under California Law?
The San Francisco 49ers have recently filed a complaint with the NFL against the New York Jets for supposedly "tampering" with their unsigned draft pick, Michael Crabtree. The Jets deny the accusation, of course, but what is…
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HR professionals note to employment lawyers: stop working off of fear
The HR blog Fistfull of Talent raises a concern I think a lot of HR professionals feel. See article “Hey Employment Law ‘Experts’, You’re Killing My Profession.” Kris Dunn expresses the all too common sentiment…
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When Are Employers Liable for Their Workers' Traffic Accidents -- Jeewarat v. Warner Bros.
It is well settled that employers may be liable for the actions of their employees in the "course and scope" of their employment. It is also well settled that employers are not liable for an employee during…
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Federal Judge Rejects $33 million SEC Settlement with Bank of America over Excessive Bonuses
Bank on August 6, we blogged that the SEC's just-announced deal with BofA to settle claims of concealing unpaid executive bonuses was pretty lame. We pointed out two glaring problems with the settlement: i.e., that the $33 million…
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Is Cutting Employee Hours to Avoid Benefit Coverage Illegal Under ERISA?
Companies that offer health insurance or other employee benefits typically set some sort of minimum threshold for triggering coverage -- for example, being employed for more than 20 or 30 hours per week. ERISA is very…