Below, the California employment attorneys at Shouse Law Group address in more detail the steps that an employee facing harassment can take to assert his/her rights under California’s Fair Employment and Housing Act: 1. Posted in Employee Rights, Employer Rights, Employment Law, Uncategorized on August 29, 2014. A recent decision of the Federal Court of Australia is important for employers looking for case law around the murky world of law concerning whether an individual is an employee or a contractor. Executive Summary: Under California law, employers are required to pay employees for “all hours worked” when subject to the employer’s “control.” This raises the question: if an employer uses a timekeeping system that automatically rounds employee time punches up or down to the nearest quarter hour, is that lawful? Posted in 2019 Cal-Peculiarities. Home » 2019 Employment Law: Cases Pending in the California Supreme Court 2019 Employment Law: Cases Pending in the California Supreme Court. Folks, it’s not easy to be a government employee. California has a strong public policy, codified in Section 16600 of the Business & Professions Code and repeatedly recognized by courts, that prohibits restrictions on employee mobility and competition, except in certain defined situations, as set forth in Sections 16601 and 16602 of the Business and Professions Code. By way of example, even when an employee does not incur an extra expense by making work calls because he/she had an unlimited data plan, the employer is still required to reimburse the employee. BY Iain Hopkins 26 Mar 2013. • “The employer is liable not because the employer has control over the employee. California courts have also significantly restricted an employer’s ability to take an offset against an employee’s wages. This law: Requires employers to notify employees who may have been exposed to COVID-19 and to report workplace outbreaks to the local health department. Hearst Publications (1944) 322 U.S. 111, 121: “Few problems in the law have given greater variety of application and conflict in results than the cases arising in the borderland between what is clearly an employer-employee relationship and what is clearly one of independent, entrepreneurial dealing. But what should the employer do if the employee files a claim with the California Labor Commissioner instead? California Eviction Procedure for Employer Provided Housing. Delay or other actions may result in waiver of the right to arbitration. inevitable risks as a part of doing business.” (Bailey v. Filco, Inc. (1996) 48. Our labor lawyers have a reputation for superior counsel that takes into accounts the unique needs of each client. The California Supreme Court agreed to hear the case, to determine whether the trial court properly dismissed the privacy claim. The … Federal wage garnishment law and federal rules provide the basic protections on which the California law is based. The Court held that § 16600 prohibits employee non-competition agreements unless the agreement falls within a statutory exception. California wage garnishment law is contained in the Code of Civil Procedure beginning with section 706.010. An employer may not discharge or otherwise penalize an employee who is a victim of a felony; whose spouse, registered domestic partner, child, stepchild, sibling, stepsibling, parent, or stepparent is a victim of a felony; or who takes time off to appear in court in response to a subpoena or other court order as a witness in any judicial proceeding (CA Lab. California's landlord tenant law specifies a detailed procedure that must be followed to legally evict a tenant. 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