Tag: California Supreme Court

Prop 8 Unconstitutional, For Now

By Mark I. Schickman The legal status of gay marriage in California has been a rollercoaster ride. First, the California Supreme Court held that a ban on gay marriage was unconstitutional. Then California passed Proposition 8, writing a ban on gay marriage into the California Constitution — and the California Supreme Court bowed to that […]

Exempt vs. Non-Exempt: California Supreme Court Verdict on Overtime

In a long-awaited decision, the California Supreme Court has unanimously held that California-based employers must pay overtime to certain nonresident employees who spend time working full days or weeks in the state – and that the failure to do so can provide the basis for a claim under the state unfair competition law (Sullivan v. […]

Time To Prepare for 2011

The ringing in of the New Year brings with it new state and federal regulations, legislation, and court decisions that California employers need to be on top of. But what’s most pressing? What do you really need to act on rather than just monitor?

California Supreme Court Resolves KinCare Issue

As every California employer knows, our state’s employment laws are unique. One unique feature is the KinCare law — which permits employees to use some of their accrued paid sick leave to care for ill family members. Sick leave that is used by an employee under the KinCare law cannot be counted against the employee […]

New Case: Corporate Officers May Be Forced to Pay Out-of-Pocket Under FLSA

In 2005, the California Supreme Court ruled that, under state law, individual managers and corporate officers couldn’t be held personally liable for unpaid wage claims. In other words, only the company could be forced to pay back wages. This was an important victory for California employers (Find out more on the 2005 case). But the […]

California Supreme Court Focuses on Wage and Hour Issues

Already set to decide the troublesome meal period issue (whether employers must “ensure” or “provide” employee meal periods) in Brinker Restaurant Corp. v. Superior Court and Brinkley v. Public Storage, Inc., the California Supreme Court has just agreed to review two other cases involving wage and hour issues.

Brinker and Brinkley: The Saga Continues

In the January issue of California Employer Advisor, we reported on Brinkley v. Public Storage, Inc., which held that employers are required merely to provide employees with meal and rest periods, not ensure that employees actually take them (CEA online subscribers can read more on the case here).

Court Gives Employee Extra Time to File Bias Charge

When an employee with a discrimination beef voluntarily pursues an internal administrative remedy—such as a grievance or complaint procedure—prior to filing a discrimination complaint under the California Fair Employment and Housing Act (FEHA), does that extend the time the employee has to file a FEHA charge? The California Supreme Court, in a new case, says […]