In Douglas v. Xerox Business Services, the Ninth Circuit became the latest circuit to rule that employers should look at the workweek as a whole to determine compliance with the minimum-wage provision of the Fair Labor Standards Act (“FLSA”).  This result has also been adopted by Second, Fourth, Eighth, and D.C. Circuits, and is reflective

It is that time again. These are actual employment cases.  Really, they are.

Mad at your co-workers? Tell a friend, not Facebook

Jayne Brill sued her former employer and the Virginia Employment Commission because she was terminated and denied unemployment benefits. Brill was alleged to have violated the company’s social media policy when she made

The California Legislature recently passed AB 1487, which is now codified as Government Code section 20480.  The new law applies only to CalPERS agencies and limits the amount of time that an employee can work in an “out-of-class appointment” to 960 hours per fiscal year.

What is an “Out-of-Class” Appointment?

Section 20480, subdivision (f), defines

This blog post was reviewed in September 2019 to provide the most up-to-date legal information.

This principle used to be clear – paid administrative leave was outside the scope of adverse employment action.  This was based on court holdings that an employee suffers no substantial or material change in terms and conditions of employment while

On October 12, 2017, Governor Jerry Brown signed into law AB 168, which will go into effect January 1, 2018 as Labor Code 432.3.  This new statute prohibits employers, in many circumstances, from attempting to obtain information regarding a job applicant’s salary history, or from considering that salary history in determining whether to offer employment

The allegations of sexual harassment and assault levied against Hollywood producer Harvey Weinstein have been front page news for the last week.  The board of directors of his company swiftly voted to terminate his employment, but only time will tell what impact Mr. Weinstein’s transgressions (and alleged criminal activity) will have on his former company. 

This post was authored by Stephanie J. Lowe and Brett A. Overby

Over the past two months, a series of hurricanes has caused devastation to the United States, Puerto Rico, and other regions.  As a result, the National Disaster Medical System (NDMS) has called upon some public employees with special skills to deploy to the

Religious diversity, including the protection of religious minorities, is a core American value, as shown by its prominent placement in the First Amendment of the U.S. Constitution, in the establishment and free exercise clauses.  California is, unsurprisingly, a leader in religious diversity.  Many religious believers adhere to, and find deep meaning in, religious observances including

Violent and tragic events in Charlottesville, and the intense national debate that followed, have put the issue of hate speech at the forefront of the public’s attention.  A number of publications have addressed the issue of when a private employer can discharge an employee who, on the employee’s own time, participates in organized hate speech. 

A California Court of Appeal recently found that the City and County of San Francisco’s disciplinary procedure for police officers is not compliant with the Public Safety Officers Procedural Bill of Rights Act (“POBRA”), which requires that all California law enforcement agencies provide officers with certain minimum procedural rights.  In Morgado v. City and County