For employment lawyers, predicting the holding of the Court in Brinker has been a favorite subject of conversation for years now. Plaintiff and defense attorneys (and their clients) have been anxiously awaiting the decision for what seems like forever. Our final prediction–there will be something in it for both sides and the decision will not ... Read More
The Brinker hearing is available live this morning at 9:00 a.m. Watch it live here.
Wrongful termination is a popular topic when so many workers are losing their jobs, forced to look for new work and having to change careers. Under "at-will" employment laws, it is within the rights of both the employee and employer to terminate employment at any time without cause. However, there are exceptions to these employment laws and if your termination violated one of these exceptions the termination may be “wrongful” and compensable under the law.
While contractors often use creative ways to calculate the proper prevailing wage rates for public work projects, California law is clear. Calculation of wages due is covered by Labor Code §1774 which requires payment of not less than the “specified prevailing rates of wages” for all hours worked. The specified rates are the rates found ... Read More
The Supreme Court of the United States granted certiorari and vacated a California Supreme Court case, SONIC CALABASAS INC v. FRANK MORENO (2011) 51 Cal.4th 659, (“Moreno”) that held a provision in an arbitration agreement that requires waiver of the option of a Berman hearing is contrary to public policy and unconscionable. The SCOTUS order ... Read More