“No Re-Hire” clauses are common in settlement agreements involving employment law related claims. In Golden v. California Emergency Physicians Medical Group, the Ninth Circuit held that a “no re-hire” provision in a settlement agreement could, under certain circumstances, could constitute an unlawful restraint of trade under California law. In Golden, a physician verbally agreed to…

IWC Wage Order No. 5 has permits employees in the “health care industry” who work shifts in excess of eight total hours in a workday to “voluntarily waive their right to one of their two meal periods. . . . in a written agreement that is voluntarily signed by both the employee and the employer.”…

Pursuant to California Labor Code Section 1194.2, in addition to the amount of minimum wages owed, employees can also seek liquidated damages equal to the amount of the unpaid minimum wages owed plus interest.  California law (AB 2074) allows for a three-year statute of limitations to pursue the liquidated damages.

The California Supreme court recently held in Mendiola, et al. v. CPS Security Solutions, et al., that security guards were entitled to be paid wages for all “on-call” hours spent at their assigned locations, including sleeping time, because they were under the control of their employer during the “on-call” time, and that the “on-call” time…

In Harris v. City of Santa Monica, the California Supreme Court issued a ruling that sets forth the details of the applicability of the “mixed-motive” defense available to employers in discrimination cases (FEHA). The Plaintiff in Harris was a city bus driver who was terminated for not meeting performance standards shortly after she told her…

Under California overtime law, an employer generally must pay non-exempt employees: One and a half times their regular rate of pay for all hours worked in excess of 40 hours per week. One and a half times their regular rate of pay for all hours worked in excess of 8 hours a day, up to…

Employers must keep records of its employees as set forth in California Labor Code § 226, 1174, 1175, 29 USCA § 211(c), 29 CFR § 516.5, and 29 CFR § 516.6. If you are an employer, and want to know what records you are required to keep, then CALL RODENBO NOW! If you are an…

Good ole’ common law provides that: “He who shakes the tree is the one to gather the fruit.” (E. A. Strout Western Realty Agency, Inc. v. Lewis (1967) 255 Cal.App.2d 254, 259, quoting Sessions v. Pacific Improvement Co. (1922) 57 Cal.App. 1, 18; see also DLSE, Enforcement Policies and Interpretations Manual, supra, § 34.6.) Further,…

A California Court of Appeals has confirmed that store managers can be considered “non-exempt” and entitled to overtime pay when they spend over 50% of the time performing non-exempt (i.e. non-managerial) duties. In Heyen v. Safeway Inc., the California Court of Appeals upheld a trial court’s award of overtime pay to an assistant manager of…

California Labor Code section 432.7 protects employees and potential employees from unlawful discrimination due to past criminal convictions that have been expunged (i.e. legally cleared up pursuant to California law). Under section 437.2, if your prior criminal conviction has been expunged, then California employers are prohibited from asking you about that conviction, and from using knowledge…