One of my clients received a letter from a lawyer who represents one of his employees. The letter requested that my client, the employer, send all of his employees records to the employee’s lawyer. This employee has worked for my client for over 10 years. My client reached out to me and asked me how […]
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The Labor Commissioner hearing is considered to be more formal than the claim conference, so while it is recorded by an audio recorder, it is also held under oath. The hearing officer, previously assigned by the Labor Commissioner Office, will use any testimony given to make an order that either grants or denies a reward […]
At this point in the process, one of two things should have already happened since the wage claim was filed by your employee. Either the Deputy Commissioner has asked that both parties to the action attend a Labor Commissioner Hearing. Or a claims conference was found to not be sufficient enough to resolve the claim. […]
It is not easy to be an employer in the State of California because you are always at risk of being sued by your employees for violating any of the many wage and hour laws currently in existence. Employees have two options when it comes time to bring an action against you as their employer. […]
Employers in California increasingly find themselves in an untenable position with respect to potential privacy concerns. On the one hand, the business disadvantages and legal risks of hiring and retaining employees who are incompetent or who otherwise create liability concerns are serious and growing. On the other hand, state and federal laws explicitly forbid the […]
Beginning in 2009, Plaintiff Terri Brown filed an original notice of wage and hour violations with the California Labor and Workforce Development Agency (LWDA) of alleged Labor Code violations against her employer, Ralphs Grocery Company and its parent company, The Kroger Co., which was one of the conditions of filing a Private Attorneys General Action […]
What is de minimis work and why should the employer bear the burden? De minimis work might include those extra tasks that might still need to be completed once the “time clock” is turned off…but are considered to be insignificant and irregular. But a few extra minutes, on a regular basis, can really add up […]
In October 2003, Gov. Gray Davis passed the Labor Code Private Attorneys General Act (PAGA) into law which authorizes aggrieved employees to file lawsuits to recover civil fines and penalties for violations of the State of California Labor Code on behalf of themselves, other employees and the State of California. Previously, this could only be done by […]
While defending developers Westlake Villas, LLC and Meer Capital Partners, LLC (Westlake) during a prior construction defect action, Travelers, et al. paid out attorneys’ fees and costs which they were then forced to file this action as a means of recovering monies paid out. Based on alleged subrogation or substitution to the rights of its […]
Whenever I do a presentation to employers, the question of firing an employee before or after the probation period has been completed is one of the most frequently asked questions. Even if an employee has extremely strong credentials, the true test of how well he or she will do on the job comes from after […]