Commissioned Employees May Be Entitled To Overtime Under Peabody v. Time Warner
Ms. Peabody was a short-time employee who caused Time Warner a long-term headache! (Peabody v. Time Warner Cable, Inc. 2014 Cal. LEXIS 4755.) She sold advertising on Time Warner’s cable [...]
Missclassifying Indpendent Contractors
My law partner, Bob Fishman, reminds us frequently, "the devil is in the details." This is what we call a "Bob-ism." We have collected many Bob-isms over the years. I [...]
Putting Your Head in the Sand Does Not Eliminate the Problem
We often compare a person who refuses to face problems to an ostrich that sticks its head in the sand. Ostriches don't really bury their heads in the sand. They do [...]
It’s Almost Time — Are You Really Ready For A Minimum Wage Increase?
On July1st the California minimum wage increases to $9.00 per hour. Are you ready for all of the consequences of this change? The obvious consequence is that overtime rates increase [...]
Men Who Cook
It's that time of year again when the Fresno Art Museum holds its annual "Men Who Cook" event. Fishman, Larsen & Callister has had a lot of fun over the [...]
Mother F********** Ass***** — Fighting Words But Not Firing Words
Nick Aguirre was the new kid on the block at Plaza Auto in Yuma, Arizona. Unlike the seasoned salespersons, Aguirre complained to co-workers and management about his commissions, breaks and [...]