Privacy, Business and Law

Both the federal law and California law provide exemptions from overtime wage requirements for executive, administrative, and professional employees, provided established criteria are met. Except for computer professionals, federal law requires exempt employees to be compensated on a salaried basis. (Read more…)

The California Supreme Court recently decided a case that has major implications for employers facing an unfair business practice claim brought under section 17200 of the California Business and Professions Code.Cortez v. Purolator Air Filtration Prods. Co., 23 Cal. 4th 163 (2000).
Rosalba Cortez, alleged that Purolator had engaged in unlawful business practices by failing to pay its employees overtime wages and sought restitution of the unpaid compensation.The district court entered a judgment in favor of Cortez, ordering Purolator to pay her unpaid overtime wages. (Read more…)

Pending legislation currently being debated in the state legislature and the halls of Congress this term include: a ban on secret monitoring of e-mail, subjecting small employers to the family leave laws, and easing comp time rules. Here is a brief summary of major legislation that could affect employers. (Read more…)

In the recent case of Pang v. Beverly Hospital, 2000 WL 366294 (2000), the California Court of Appeal held that a worker is not entitled to take time off to help an elderly parent move to a new home under California’s Family Rights Act (CalFRA) because this does not constitute caring for a parent within the meaning of the act. (Read more…)

The Ninth Circuit Court of Appeals ruled recently that an employer did not violate the Americans with Disabilities Act (“ADA”) by requiring a former employee to provide a medical release before rehire. (Harris v. Harris & Hart, Inc., 9th Cir., No. 98-35949, 3/13/00). (Read more…)

The California Supreme Court recently ordered depublication of the case Electro Optical Industries, Inc. v. White, 76 Cal. App. 4th 653 (1999). The California Court of Appeal had adopted the inevitable disclosure doctrine in this case, concluding that an employer may enjoin a former employee from working for a direct competitor where the new employment would inevitably lead the employee to rely on the former employer’s trade secrets. (Read more…)

In the recent case of First America Automotive, Inc. v. Sweeney, 2000 WL 378257 (Cal. App. 6 Dist.), Edwin Sweeney, who had been employed by First America Automotive as a car salesman, sought to have his claim for wages heard by the Labor Commissioner, despite a provision in his employment agreement providing for arbitration of disputes arising from his employment contract. (Read more…)

On May 3, 2000, the House unanimously approved legislation amending the Fair Labor Standards Act (“FLSA”) to ensure that employee stock option profits are not included in the regular rates of pay for purposes of overtime calculations. (Read more…)

It so much easier for a new company to simply pay everyone a weekly salary than to have employees account for each hour worked and pay by the hour. It may also be cheaper to pay everyone a salary, as hourly employees usually are entitled to overtime premiums. As a result, it is fairly common to find at emerging growth companies that all employees, with the possible exception of the receptionist, are paid a regular salary regardless of the number of hours worked in a week. (Read more…)

E-mail has become an important mode of communication between co-workers, especially in technology-related companies. The traditional conversations “around the water cooler” have been replaced by cyber-talk. E-mail is a wonderful, efficient mode of communication. Unfortunately, it has an incredibly long half-life. (Read more…)