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Jonathan A. SiegelBlog Posts

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  • California Becomes Third State to Limit Access to Employees and Students’ Social Media Accounts

     Written by: Joseph Lazzarotti Late last week, California Governor Jerry Brown "took to Twitter, Facebook, Google+, LinkedIn and MySpace to announce that he has signed two bills that increase privacy protections for social media users in California." As discussed, one of the bills, A.B. 1844, updates California’s Labor Code to significantly limit when employers could ask employees and job applicants for social … Continue reading California Becomes Third State to Limit Access to Employees and Students’ Social Media Accounts
    October 1, 2012
  • The Elimination of the Fair Employment and Housing Commission Provides Far Greater Authority to the Department of Fair Employment and Housing

    In a move intended to reduce spending and increase efficiency amid continuing budget difficulties, Governor Brown recently signed Senate Bill 1038 which will, among other things, eliminate the Fair Employment and Housing Commission effective January 1, 2013.  The duties of the Commission, primarily rulemaking and the administrative adjudication of discrimination claims, will be assumed in … Continue reading The Elimination of the Fair Employment and Housing Commission Provides Far Greater Authority to the Department of Fair Employment and Housing
    August 29, 2012
  • Ninth Circuit Looks to the California Supreme Court for Clarification of the Commission Overtime Exemption

    The Ninth Circuit has recently requested the California Supreme Court to address the proper method of calculating employee commission payments to determine qualification for California’s commission salesperson exemption set forth in the Industrial Welfare Commission (“IWC”) Wage Order Nos. 4 and 7. An employee generally can qualify for this exemption if: (1) they work for an employer … Continue reading Ninth Circuit Looks to the California Supreme Court for Clarification of the Commission Overtime Exemption
    August 22, 2012
  • Another California Court of Appeal Upholds Arbitration Despite NLRB’s Opinion in D.R. Horton

                   Another California Court of Appeal provides employers with a victory with respect to the enforcement of arbitration agreements. Affirming an order compelling arbitration in a class action for California Labor Code violations, a California Court of Appeal ruled that the employee was required to arbitrate her individual wage and hour claims against her employer because … Continue reading Another California Court of Appeal Upholds Arbitration Despite NLRB’s Opinion in D.R. Horton
    July 23, 2012
  • Positive Development: California Court of Appeal Declines to Follow NLRB Decision, D.R. Horton, and enforces Class Action Waiver in an Arbitration Agreement and Prohibits PAGA Claims

    While likely subject to appeal by the plaintiff’s lawyer in the case, California employers received a welcome decision by a California Court of Appeal. The Court upheld a class action waiver in an arbitration agreement and also found the plaintiff could not bring claims under the California Private Attorney General Act (“PAGA”) in light of … Continue reading Positive Development: California Court of Appeal Declines to Follow NLRB Decision, D.R. Horton, and enforces Class Action Waiver in an Arbitration Agreement and Prohibits PAGA Claims
    June 4, 2012
  • New Age Discrimination Case – Sometimes a Victory is Not Always a Victory

    The Ninth Circuit Court of Appeals recently affirmed summary judgment in favor of an employer in an age discrimination case. However, not all news is good news regarding the Court’s decision in Schechner v. KPIX-TV, No. 11-15294 (9th Cir. May 29,2012). The Court “clarified” that the employees could use statistical evidence to establish a prima facie case … Continue reading New Age Discrimination Case – Sometimes a Victory is Not Always a Victory
    May 31, 2012
  • California Court of Appeal Clarifies Personal Attendant Overtime Exemption

    A good case for employers was recently issued with respect to the Personal Attendant overtime exemption. On May 14, 2012, the California Court of Appeal, Fourth Appellate District held that an individual who is exempt from overtime under the Personal Attendant overtime exemption with respect to Wage Order 15 is not disqualified from the exemption … Continue reading California Court of Appeal Clarifies Personal Attendant Overtime Exemption
    May 15, 2012
  • California Employers Receive a Welcome Victory Regarding Commission Plans and the Limited Commission Exemption From Overtime

    On January 24, 2012, California employers received a welcome victory regarding commission plans and the commission overtime exemption under Wage Orders 4 and 7. In Muldrow v. Surrex Solutions Corp., (CA4/1 Case No. D057955 1/24/12), the Fourth Appellate District of the Court of Appeal found that employment recruiters were eligible for the California commission exemption … Continue reading California Employers Receive a Welcome Victory Regarding Commission Plans and the Limited Commission Exemption From Overtime
    January 24, 2012
  • DLSE Issues Labor Code 2810.5 Notice in 6 Languages

    The California Division of Labor Standards Enforcement ("DLSE") has released the form notice that is compliant with the new California Wage Theft Prevention Act of 2011 in six (6)  languages. The notices are now available in: (1) English; (2) Vietnamese; (3) Chinese; (4) Korean; (5) Spanish; and, (6) Tagalog. Click here for the DLSE Notice to Employee in 6 languages … Continue reading DLSE Issues Labor Code 2810.5 Notice in 6 Languages
    January 10, 2012
  • California Appeals Court Rules Law School Graduate Who Was Not Yet Admitted To Bar Was Exempt “Learned Professional”

    California courts continue to build on the Ninth Circuit’s recent decision regarding the California Learned Professional Exemption.  A California appellate court found a law clerk as exempt from state and federal overtime provisions who had not passed the California Bar Exam but graduated from law school.  Zelasko-Barrett v. Brayton-Purcell, LLP, 2011 Cal. App. LEXIS 1080 (Cal. App. 1st Dist. … Continue reading California Appeals Court Rules Law School Graduate Who Was Not Yet Admitted To Bar Was Exempt “Learned Professional”
    August 24, 2011

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