Employment Law Blog
Discussion of federal, state and local employment laws and legal issues.
Author: Robert Nuddleman is a lawyer with Philip J. Griego & Associates in San Jose, Calif.
Blawg Related Categories: Labor & Employment • States • California • Solo / Small Firm • Legal Information
Recent Posts from Employment Law Blog
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10-4 Presentation on 9/25
Our office is teaming up with Dan Powers (COO of McEwan & Associates) and Meriwest Credit Union to conduct an educational seminar regarding how to protect and build your business. The presentation is part of…
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Release of Claims Does Not Encompass Non-Waivable Claims and Narrow-Restraint Exception to Non-Compete Agreements is Rejected
The California Supreme Court issued a decision today wherein it held that a general release of claims does not encompass non-waivable statutory protections under Labor Code Section 2802. Raymond Edwards II was hired as a…
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Common Statutes of Limitation
A “statute of limitation” is the time within which a lawsuit or claim must be filed. “Civil actions, without exception, can only be commenced within the periods prescribed in this title, after the cause of…
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Employers Do NOT Need to Force Employees to Take Breaks
For the first time, a California appellate court has held that employers do not need to force their employees to take meal breaks. While several federal cases have found that employers do not need to…
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Federal Minimum Wage Increase
Effective July 24, 2008, the federal minimum wage for covered non-exempt employees will rise from $5.85 to $6.55 per hour. The Fair Minimum Wage Act of 2007, which amended the Fair Labor Standards Act (FLSA),…
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Arbitrator Not Allowed To Determine Validity of Arbitration Agreement
Another California Appellate Court recently held that the court, not the arbitrator, can determine whether an arbitration clause in an employment agreement is valid. Because California courts have frequently refused to enforce arbitration agreements in…
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Happy 4th of July - Declaration of Independence
(Adopted by Congress on July 4, 1776) The Unanimous Declaration of the Thirteen United States of America When, in the course of human events, it becomes necessary for one people to dissolve the political…
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Can Employers Recover “Training Costs” From Employees?
In a recent decision by the First Appellate District in California, a court of appeals concluded that the City of Oakland could require an employee to repay training costs the employer incurred in training the…
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DFEH Allows Employees To Obtain Immediate Right-To-Sue Online
Several months ago the California Department of Fair Employment and Housing (DFEH) updated its website to allow employees to make an online appointment to lodge a complaint of employment discrimination or harassment. Now the DFEH…
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Living Wage Ordinance Also Applies to Out-of-City Employees
In June 2008, the First District Court of Appeals held that employees are entitled to the protection of a living wage ordinance (LWO) even if they work outside the boundaries of the city. In Amral…