Put It In Writing — Commission Compensation
The best defense against a lawsuit is compliance with the law. Unfortunately, employers don't always understand the law or choose to ignore it. The result is often a lawsuit. This week [...]
Sexual Harassment Does Not Require Sexual Motive
Two years ago, a California appellate court ruled in the case of Kelly v. The Conco Companies, Inc. (2011) 196 Cal.App.4th 191 that a man's claim of sexual harassment could [...]
Effect of Prop 8 and DOMA Rulings Minimal
I have been asked for my opinion on the Supreme Court Prop 8 and DOMA rulings, both in terms of the outcome and the effect on the workplace. Here goes. [...]
On-Call Can Mean Pay Up: Mendiola v. CPS Security Solutions, Inc.
Paying someone to do nothing is a tough pill for an employer to swallow. However, that is exactly what employers must do if they control their employees' "off" hours with [...]
Another Claim Against Kaweah Delta — When Is The Employer Liable for Employee Acts?
I recently read the sad story in a newspaper of a patient at Kaweah Delta hospital who was raped by a hospital employee. The employee pled guilty to this rape [...]
Amy’s Baking Company Would Be In Big Trouble In California!
I read an interesting article about Amy's Baking Company in Scottsdale, Arizona. Perhaps they can bake a mean cake, but they can't manage people. The company compels employees to sign [...]