(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
California Employee Rights Blog 
Information on California employee rights brought to you by Peters Law Group, APC.
Post Frequency: 0.3/day Last Entry: July 08, 2010 at 16:11:33 Recent Entries: 53
By James Peters
Go to California Employee Rights Blog, find other Labor & Employment Law blogs, or browse all law blogs.
Congress Tries to Legalize ?English Only? Workplace Policies
Posted on November 20, 2007According to an article in today’s Los Angeles Times, Congressional Republicans are pushing to amend federal anti-discrimination laws to do away with the provision that prohibits employers from requiring employees to only speak English at work. Currently, under Title VII of the 1964 Civil Rights Act such an “English-only” policy is considered national origin discrimination...
NEVER E-mail Your Attorney From Work!
Posted on November 12, 2007Sometimes employees use their employer’s e-mail address or computer to contact us. This is understandable, especially for long-term employees who spend most of their waking time at work or using a company-issued computer at home. The problem is that using an employer’s computer or e-mail address to communicate with your attorney might mean these communications [...
CA Supreme Court Considers Employees? Medical Marijuana Use
Posted on November 07, 2007Yesterday the California Supreme Court heard arguments in Ross v. Ragingwire Telecommunications, Inc. In this case, the employee was refused employment because his pre-employment drug test came back positive for marijuana. The employee had been using medical marijuana at the direction of his physician to deal with lower back strain and muscle spasms...
California Supreme Court Decides Lump Sum Expense Reimbursement is OK
Posted on November 06, 2007Yesterday the California Supreme Court issued its decision in Gattuso v. Harte-Hanks Shoppers, Inc., ruling that employers may reimburse employee expenses in the form of “additional wages” payable in a “lump sum” instead of reimbursing each separate expense for the exact amount incurred...
California Lowers Standards for Computer Software Professional Overtime Exemption
Posted on November 06, 2007As explained in various posts on this blog, California employees are presumed to deserve overtime pay for any hours worked over 40 in one week or 8 in one day, even if they are paid a salary, unless the employer can prove that an exemption to that rule applies...
Schwarzenegger ?Terminates? Employee Rights (Part 3)-Family Values?
Posted on November 05, 2007This is our final installment in a series dealing with employee rights laws that California’s legislature passed in 2007, but which Governor Schwarzenegger vetoed last month before they could take effect. SB 836 Senate Bill 836 was heralded nationwide as the first law prohibiting employer discrimination against employees based on their “family status”...
Schwarzenegger ?Terminates? Employee Rights (Part 2)-Difficult Choices
Posted on November 04, 2007This is the second post in a series on several very important bills the California legislature passed in 2007 to protect employees that the Governor vetoed at the last possible moment last month. SB 537 Despite supporting a strong new law providing protected leave to military spouses whose husbands or wives are on leave from service, the [...
Schwarzenegger ?Terminates? Employee Rights (Part 1)-Why?
Posted on November 03, 2007As the end of the year approached, Governor Schwarzenegger vetoed several employee protections the California legislature passed in 2007. While he felt it was important to give full protections to military spouses whose husbands or wives were on leave, he deemed other employees to be less deserving of similar rights...
California Passes Spousal Military Leave Law
Posted on November 02, 2007California has passed a law providing employees whose spouses are on active military duty with protected leave from work to be with their spouses when they are on leave from duty. Governor Schwarzenegger signed Assembly Bill 392 into law last month and it became effective immediately...
We?re back!!
Posted on November 02, 2007Hello again, everyone. I know that we have been MIA for awhile now, but a lot of changes have been going on at Peters Law Group. My wife and I welcomed our new son into the world, our firm relocated and I have had many time-consuming cases come to a head all at [...
The ?No Bad Apples Rule?
Posted on March 05, 2007Employers could avoid a LOT of lawsuits if they would just follow the “No Bad Apples Rule”, which has its origins in a book written by Dr. Robert Sutton called “The No Asshole Rule: Building a Civilized Workplace and Surviving One That Isn’t”...
Glass Ceiling is Still an Obstacle for Female Interviewees
Posted on March 04, 2007Sometimes it is easy to forget that discrimination against women, minorities and (of course) minority women still occurs in this country. This might bring to mind examples where uneducated, unskilled women are denied employment and/or harassed by uneducated men who think of them as sex objects, such as in the movie North Country...
Q&A: Overtime Calculation with Two Different Hourly Rates
Posted on February 19, 2007Q: My employer pays me at one rate of pay for my regular work, but then pays me minimum wage for travel and attending seminars after-hours. How is my overtime supposed to be calculated? –Bad at Math (CA) A: Calculating overtime for an hourly employee who is paid at two separate hourly rates is [...
Military Leaves from Work Heavily Protected
Posted on February 15, 2007One of the strongest job protections for employees in the United States is for those who take a leave of absence to serve in the armed forces. I have seen a dramatic increase in these claims in just the past year and I recently filed a federal lawsuit for a client in San Francisco [...
Why Wal-Mart Employees Should Consider NOT Accepting Settlement
Posted on January 26, 2007Yesterday, it was reported that Wal-Mart had reached a settlement with the Department of Labor to settle unpaid overtime claims by its employees. The odd thing about this settlement is that Wal-Mart turned itself in to the Department of Labor and negotiated a quick settlement with the government and the employees had no say in what [...
Q&A: Restrictions on Bad References by Former Employers
Posted on January 25, 2007Q: I quit my last job because my boss would not stop asking me out on dates. Now I am having a really tough time finding a new position. Every time I go through an interview they seem to love me, but then it falls through once they start checking my references...
Commissioned Salespeople & Overtime, Part 4: Final Words
Posted on January 21, 2007Although this series on commissioned salespeople and overtime might not be the most exciting employment law topic, for those with large unpaid claims, it probably is the most exciting. I leave this topic with the following points. Minimum Wage Test The final test that must be met before commissioned salespeople can be considered “exempt” from overtime [...
Commissioned Salespeople & Overtime, Part 3: Qualified Employer?
Posted on January 21, 2007Even if you meet the criteria to be classified as “exempt” from overtime pay as a commissioned salesperson, the business your employer is engaged in can also automatically qualify you for overtime, regardless of how you are paid. Commissioned salespeople can only be “exempt” if their employer is a “retail or service establishment”...
Commissioned Salespeople & Overtime, Part 2: Are You ?Commissioned??
Posted on January 18, 2007In order for an employee to qualify as “exempt” from overtime pay as a commissioned salesperson, the main test that must be met is the employee MUST make more than 50% of their wages in the form of “commissions”. This test is not as straightforward as it might sound at first...
Commissioned Salespeople & Overtime, Part 1: ?How much??
Posted on January 18, 2007This is the first in a series of posts dealing specifically with the issue of commissioned salespeople and unpaid overtime. This is an area most employees, many employers, and even a large percentage of California attorneys do not understand correctly...
Employers? Calculation of Overtime Hours Often Incorrect
Posted on January 17, 2007Employers and employees are often confused about how many hours an employee must work before overtime must be paid. California law is more complicated than most states on this point, but it is also much more generous to employees than most. Employers must pay all non-exempt employees overtime at the rate of time-and-one-half for all [...
Overtime Rate MUST Include Bonuses and Commissions in Calculation
Posted on January 17, 2007Employers, either through ignorance or intentionally, often make big mistakes in calculating overtime rates of pay for their employees and these often turn into big claims by the employees for unpaid wages later on. Overtime Rate NOT Just 1...
Previous
Case Law Development: Inter-American Commission on Human Rights Finds Domestic Violence Police Response Case Admissible
The Inter-American Commission on Human Rights, in the case of Jess...
Eminent Domain in China: Private property rights law opens the door to capitalism
by Priya Prakash Royal'The revision of the property law delivers a...
Eminent Domain, Fifth Amendment Property Rights, and Government Retaliation
On June 25, 2007, the Supreme Court of the United States dec...
Civil Rights Leader Settles Discrimination Lawsuit
Atlanta, GA: Rep. John Lewis has spent a large part of his life fi...
Balancing Redevelopment and Property-Owner Rights
Tim Duggan, Chair and Shareholder in Stark & Stark's Real Estate, ...
Employee Lawsuits (An Introduction and Topic Overview)
How employers can cope with the siege of employee lawsuits
Employee Lawsuits: Negligent Hiring and Retention
Employers must check references, criminal records, other background material.
California Supreme Court Proposition 8 Decision
Court Rejects Challenges to Proposition 8, but Finds Marriages Valid
Cumulative Voting
Protecting minority shareholder interests
The Civil Rights Act of 1871
Law bans discrimination enacted under color of state law
State Will Statutes
State Differences in Last Will and Testament Checklist
I have worked for this employer for only three weeks. The employer makes up his own rules as to what he chooses to report for the purpose of property taxes. He tells me to "let them come after us". He defines Entertain
He arrogantly insists, "let them come after us." Well, if you are invo...
My husband's Grandmother died intestate. She had one sole heir, my husband's Father. He and his wife kept paying taxes on the property.Then he also died intestate. Now, my Mother-in-law wants to sell this property. Accor
Based on my research, his wife would have a 1/3 interest in the property. The ot...
Well I hold a lease agreement with a long time friend of mine he is the main lease holder but I am on the lease I have never been late on any rent or utilities I am very clean and mostly keep to my self but if soemthing
as long as your name is on the lease and youve done nothing illegal, you dont ha...
What rights does a father have when a woman waits 13 years to tell a man he is a father & he missed out on the growing up of that child?
Actually, he has as much right as she to request a paternity test, plus he can f...
My exwife got a judgement aganst me. years latter i remarried and bought a home i told my new wife that I was not sure about owning real property so soon . our realtor told us I could file a quick claim deed. i sign it t
A quick claim deed has "No warranties" to anything. Your real estate a...
#1 Online Legal Resource
On 08-25 at 15:46PM
Acute perpendicular parking #NYPD #NYFD
On 08-18 at 22:18PM
Parallel parking gone bad. Too much gas UES NYC
On 08-18 at 21:41PM
UES NYC
On 08-18 at 21:25PM
Twitter suspends journalist critical of broadcast partner's coverage on dubious grounds @guyadams #nbcfail #twitterfail
On 07-30 at 17:57PM
Model example of 1st Amendment suppression by the People of New York City's Michael Bloomberg #OWS #NYPD
On 07-12 at 21:07PM
AG Holder lackadaisical on Operation in our Sites domain name seizures & RIAA lobbied free speech suppression @dajaz1
On 06-08 at 22:44PM
Why is the Catholic Church going to court over Obama contraception policy? @NewYorker commentary
On 05-31 at 10:08AM
Monks sue Louisiana for right to sell caskets made from forrest destroyed by Katrina
On 05-31 at 07:47AM
Are the abortion ultrasound laws headed for the Supreme Court?
On 05-15 at 21:52PM
I have worked for this employer for only three weeks. The employer makes up his own rules as to what he chooses to report for the purpose of property taxes. He tells me to "let them come after us". He defines Entertain
He arrogantly insists, "let them come after us." Well, if you are invo...
My husband's Grandmother died intestate. She had one sole heir, my husband's Father. He and his wife kept paying taxes on the property.Then he also died intestate. Now, my Mother-in-law wants to sell this property. Accor
Based on my research, his wife would have a 1/3 interest in the property. The ot...
Well I hold a lease agreement with a long time friend of mine he is the main lease holder but I am on the lease I have never been late on any rent or utilities I am very clean and mostly keep to my self but if soemthing
as long as your name is on the lease and youve done nothing illegal, you dont ha...
What rights does a father have when a woman waits 13 years to tell a man he is a father & he missed out on the growing up of that child?
Actually, he has as much right as she to request a paternity test, plus he can f...
My exwife got a judgement aganst me. years latter i remarried and bought a home i told my new wife that I was not sure about owning real property so soon . our realtor told us I could file a quick claim deed. i sign it t
A quick claim deed has "No warranties" to anything. Your real estate a...
 |
|
Contact Us | About Us | Celebrity Law Blog |
Our Partners | Disclaimer
| Law Blog Directory
| Law Jobs
| Law Tweets
| GoDaddy Hosting
All original material � 1999-2011 by USLaw.com. |