Tag: Labor Code Section

Off-the-Clock DUI Results in Termination—Does California Law Allow It?

by Cathleen S. Yonahara An employee was arrested for driving under the influence (DUI) on his own time in his own vehicle. His employer subsequently suspended his driving privileges and then terminated his employment when the employee wasn’t able to get the charges dismissed or find another position at the company that didn’t require him […]

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On-the-Job Injuries and Wrongful Termination in California

by Cathleen S. Yonahara The California Court of Appeal recently addressed a case of wrongful termination after an employee was fired following a work-related injury. Was the case successful in its claim that the employer violated workers’ compensation policy as well as discriminated on the basis of disability? Read on to find out.

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Termination for Reporting Theft—A Big Mistake for One California Employer

By Cathleen S. Yonahara Under California law, employers may not retaliate against employees for reporting illegal activity to law enforcement. However, an employer did just that when it fired a worker for filing a police report after the worker’s wedding ring was stolen while on the job—and that action proved to be an expensive error […]

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How To Avoid the Worst California Wage and Hour Tripwires

While the landscape of employment law is always changing, certain wage and hour hazards remain constant. Many of these pitfalls include issues that seem insignificant at the individual employee level but if left unchecked can easily become massive liability risks that snowball into class actions and Private Attorney General Act (PAGA) claims.

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Alternative Work Week Rules Revised

Recognizing that a tough economy requires greater flexibility, California recently amended Labor Code Section 511, the law that governs how employers may implement alternative work week (AWW) schedules. In addition to weekly overtime, California employers are required to pay nonexempt employees daily overtime if an employee works more than eight hours in a day. An […]

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Meal and Rest Breaks: Important New Case Gives Employers and Employees New Flexibility; Should Mean Fewer Wage and Hour Class Actions

California employers are cheering a significant new appeals court decision that provides guidance on meal and rest period obligations and gives employers and employees new flexibility. The court ruled that you must only make breaks available—you don’t have to ensure that employees take them. We’ll look at the new case, what it means for the […]

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Wage and Hour: Is It Legal to Suspend an Employee Without Pay as a Form of Discipline?

QUESTION: My company often sends employees home without pay for various offenses, such as egregious dress code violations, insubordination, and slacking off. Sometimes, the employee is told to return the next day, and sometimes the suspension runs for a few days or more while we investigate. I wouldn’t want anyone to know I’m asking, but […]

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Wrongful Termination: Labor Relations Law Preempted Employee’s Wrongful Discharge Lawsuit—But Caution Still Required

Richard Luke was a maintenance engineer for Collotype Labels USA, Inc., a Napa manufacturer of wine and liquor labels. Luke was suspended for three days for allegedly violating an absence-related work rule. He disagreed with the suspension and handled it by emailing Nigel Vinecombe, the group managing director for Collotype’s Australia office. Luke titled the […]

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