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Douglas M Larsen's Guides
- 35 Legal Answers
- 13 Legal Guides
It's Here! The Supreme Court Issues The Brinker Decision
At 10 am today, the California Supreme Court issued its 54 page decision in Brinker. The case was filed in 2004 by employees who challenged the company's meal and rest period practices. The case presented a number of legal issues. However, foremost among the issues is whether or ...
Did You Ever Want To Sue Your Employee Or Ex-Employee?
That is exactly what Nicholas Labs did. It sued its former employee, Christopher Chen, for competing with the company when he was in the company's employ. The company concluded that Mr. Chen diverted business opportunities away from Nicholas Labs to his own business. As any good ...
How Often Can An Employer Harass Before It Becomes Unlawful?
An interesting question isn't it? One court recently said that three times was not too much harassment in a 4-year period. Brennan v. Townsend O'Leary Enterprises, Inc., Harassment is not unlawful unless it is based on a protected class, is unwelcome and is either pervasive or s...
Changes to Credit Checks in California
Over the past few years there has been substantial debate about the use of credit reports for employment purposes. Many foes of the practice have contended that with the bad economy, skyrocketing medical bills and other economic woes, many people have bad credit yet can be good e...
The NLRB Issues a Report on Social Media Policies
A couple of weeks ago, the National Labor Relations Board ("NLRB") posted areport describing the cases it has investigated regarding an employer's social media policies. The report is very instructive and gives valuable guidance as to the NLRB position on the type of social media...
Meal Period Rules in California -- We're Still Waiting
In California employers must comply with many rules not found in other states, including rules related to meal and rest periods. Several years ago the law was modified so that employers who did not provide a meal or rest period to employees were penalized. The penalty, known eu...
Employers Can View Employee Emails -- See How It Helped The Company Win This Lawsuit
Consider the case of Gina Holmes, who sued her employer, Petrovich Development Company, asserting causes of action for sexual harassment, retaliation, wrongful termination, violation of privacy and intentional infliction of emotional distress. (Holmes v. Petrovich Dev. Co., LLC ...
Waiting Period Penalties Can Come Back To Haunt A California Employer
In California, failing to pay an employee all of his/her wages at the time of termination (or within three days in certain circumstances) results in waiting period penalties pursuant to Labor Code section 203. This penalty, calculated at the employee's daily wage, grows each day...
Hostile Work Environment Claims Can Happen To Any Employer -- How To Avoid Them
Perhaps it's karma or even justice. The LA Daily Journal (a legal newspaper) reported on December 20, 2010, that an investigator who worked for a plaintiff's law firm filed a lawsuit alleging a hostile work environment. She claims partners made derogatory comments about women, ...
The Newest California Class-Action: Failing to Provide Employees with a Chair
Count on California for developing a new and novel theory for suing employers -- failing to provide a chair for employes. Eugina Bright was a cashier at the 99 Cent Only Store. Turns out she was upset the company did not provide her with a chair. She claims that the nature of the...