Archive for January, 2007

Mandatory Arbitration "Trick" Risky for All and Good for None

Jay Shepherd over at the Gruntled Employees blawg has an interesting post from the employer’s attorney perspective about why he believes mandatory arbitration clauses are a stupid employer trick” and actually “not good for employers”.

I never understood why many employers force their employees to sign mandatory arbitration clauses, so this is refreshing to hear from a management-side employment law attorney… Continue reading

Claims Adjusters and Others Likely Non-Exempt in California

Defense attorneys for large corporations in California have been trumpeting the case of In re Farmers Ins. Exch., 466 F.3d 853 (9th Cir. 2006) for the proposition that insurance claims adjusters are now exempt employees who are not entitled to overtime pay. However, this is not true when it comes to employees in California.

Although the case is a 9th Circuit opinion, the case was brought in… Continue reading

Q&A: Employee Witnesses Protected from Retaliation

One of my co-workers has asked me to testify for in her discrimination case against our employer. I want to help, but I am afraid that my employer will retaliate against me if I help her.

A: Both state and federal discrimination laws prohibit retaliation by employers against employees for participating in an investigation or prosecution of an employment discrimination or harassment… Continue reading

Q&A: Electronic Surveillance at Work Often Illegal

There are rumors circulating at work that our boss is spying on employees with video surveillance. Is that legal?

A: The answer to your question is: it depends. Whether or not video surveillance at work is illegal depends largely upon the facts in a given situation. The main question is whether or not you have a “reasonable expectation of privacy”… Continue reading

"Side Effects" of California's Increased Minimum Wage

On January 1, 2007, California increased its minimum wage from $6.75 to $7.50 per hour.

Putting aside the fact that an extra 75 cents for each hour worked really has no effect on people’s lives (just $1,560 per year before taxes), there are some “side effects” of this increase employees should be aware of.

Background

Under California law, the presumption is that all employees must receive overtime pay at 1.5 times their hourly Continue reading

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