Blog
Sexual Harassment Outside of the Workplace—Pervasive and Unlawful, Yet Relatively Under Litigated
Recent headlines out of Hollywood, Silicon Valley and elsewhere have highlighted that sexual harassment can occur in non-employment relationships. California…
Leaves Of Absence And Non-Accrual Vacation Policies
Law360 recently published an article that I wrote regarding the relationship between "unlimited" vacation policies and protected leaves of absence.…
Fully-Paid Leave Is Required If Employer Offers Unlimited Vacation Policy
Employers that offer “unlimited” or “untracked” vacation policies rarely allow workers to participate in their policy and receive paid leave during the…
Remote-Work Expenses And Labor Code Section 2802
I recently published a short article in the California Labor & Employment Law Review that addresses an employer's obligations to reimburse…
Practical Advice For Misclassified Independent Contractors
For a variety of reasons, companies often engage full-time service providers as independent contractors (ICs) rather than employees. Recently, much…
Exempt Employees And Labor Code Section 552
Do Exempt Employees Who Work 7 Days In A Row Have A Claim Under Labor Code § 552? Many exempt…
Five Reasons Why An Employer’s Unlimited Vacation Policy May Violate California Law
Employers are increasingly implementing “unlimited” vacation policies. The gist of these policies—which may also be referred to as a “flex”…
Can Recruiters Be Exempt From Overtime Under The Administrative Exemption?
Most recruiters working in California should be classified as non-exempt employees who are paid overtime and receive daily meal and…
Why Most Employees In Sales Development Positions Should Be Paid Overtime
Sales Development is a common job function at many companies. Employees in this role may be referred to as Sales…
Why Requiring That Employees Sign A Release In Order To Transfer Equity Compensation Is An Unfair Business Practice In California
When a company is acquired in an M&A transaction, its shareholders are generally required to sign what is known as…
The Extremely Narrow Overtime Exemption For Inside Salespersons
Inside sales positions are frequently misclassified as being exempt from overtime. One reason inside sales positions are often incorrectly classified…
How To Approach Negotiating A Separation Agreement
Your employer has told you that it intends to terminate your employment. It has offered you a severance payment if…
Administrative Exemption Under FLSA And California Law
The administrative exemption is one of the most nuanced exemptions from overtime. Many employers and employees struggle to analyze its…
When Is A Fired Employee Entitled To Accelerated Vesting And Unpaid Bonuses?
California law is clear that an employee who is involuntarily terminated for a lawful reason cannot recover an unearned bonus,…
California Wage & Hour Law 101 For Salaried Employees
In this post, I use the term “wage and hour law” to refer to the requirement that certain employees be…
Who Is Liable For Unpaid Wages Following A Corporate Dissolution
In times of cash scarcity, companies often make the misguided decision to “temporarily” suspend or defer paying wages to employees.…
Recent Developments In An Employer’s Reimbursement Obligations
Do you use your personal cell phone to take work-related calls or send work-related emails? Do you sometimes work remotely…