California Protects Employees from Weaker Out-of-State Labor Laws

by Michelle R. Ferber and Ben McDonald Late this past May, the California Court of Appeals overturned a ruling by an Orange County Superior Court to hold that forum selection clauses in employment contracts may not prevent employees from pursuing actions against out-of-state employers in California courts under California labor laws. In 2007, Plaintiff Rachel Verdugo was hired by the

New Sick Leave Law, Minimum Wage Increases and Living Wage Ordinances

by Michelle R. Ferber and Ben McDonald New Sick Leave Law On July 1, 2015, California will be enforcing new regulations regarding the sick leave employers must provide to their employees.  The Healthy Workplaces, Healthy Families Act of 2014 requires that a California employee who, on or after July 1, 2015, works for 30 or more days per year from

The Mythical Unpaid Intern

The following link will take you to our article in the Contra Costa Lawyer online newsletter published July 1, 2015 regarding unpaid interns.  The Mythical Unpaid Intern: Contra Costa Lawyer Online. DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular

US Department of Labor Releases Proposed Changes to Overtime Laws

by Michelle R. Ferber and Ben McDonald For the first time since 2004, the Department of Labor is proposing widespread overtime expansions that would offer far more salaried American workers to be eligible for overtime pay.  At the direction of President Obama, Secretary Thomas Perez of the Department of Labor has submitted a proposal to increase the salary threshold that

Dislike of Your Boss Is Not a Disability

by Michelle Ferber and Ben McDonald The California Court of Appeal for the Third Appellate District upheld a Sacramento County Court’s grant of summary judgment for an employer in a case involving an employee who sought disability claims for the anxiety and stress she allegedly suffered due to the standard supervision of her employer. Defendant Sutter Medical Foundation hired Plaintiff

Thinking of Passing on Uniform Costs to Your Employees?

by Michelle Ferber and Ben McDonald In a hearing before a three judge panel of the 9th Circuit Court of Appeals on June 4, 2015, a former employee of Denny’s asked the court to reconsider a lawsuit against the restaurant chain regarding the financial burden of special non-slip footwear the chain requires its employees to wear on the job.  The