Some Recent Cases of Note
Wednesday, March 7, 2012 at 6:02PM
Greg Einhorn

1. California's overtime laws extend to nonresident employees performing work in the state for California-based employers. Sullivan v. Oracle, 11 C.D.O.S. 8243, and Sullivan v. Oracle, 11 C.D.O.S. 14910.

 

2. Fixed payments per item sold can constitute "commissions" for purposes of the commissioned employee exemption. Areso v. CarMax, 11 C.D.O.S. 6050 (2011).

 

3. Employers may terminate or discipline employees who make false claims of sexual harassment. Joaquin v. City of Los Angeles, 12 C.D.O.S. 950.

 

4. Sabbatical leave may be considered vacation pay under California law, thereby entitling employees to a payout of unused sabbatical time upon termination. Paton v. Advanced Micro Devices, 11 C.D.O.S. 9945.

 

5. The Fair Labor Standards Act prohibits retaliation against workers who make oral complaints regarding violations of the act. Kasten v. Saint-Gobain Performance Plastics, 11 C.D.O.S. 3419.

 

6. Administrative exemption is not limited to employees who advise management at the policymaking level. Harris v. Superior Court, 12 C.D.O.S. 129.

 

7. Class action waiver in employment arbitration agreement is unlawful under the National Labor Relations Act. D.R. Horton, 357 NLRB 184 (Jan. 3, 2012).

 

8. Employee not guaranteed a right to reinstatement under CFRA when leave extends beyond 12 weeks. Rogers v. County of Los Angeles, 11 C.D.O.S. 10423.

 

9. An employee is not entitled to receive two hours of "reporting time pay" for short meetings held on an employee's day off if the meeting is scheduled in advance and lasts at least half of the time scheduled. Aleman v. AirTouch Cellular, 11 C.D.O.S. 15258.

 

10. Employer is liable for discrimination when nonbiased decision maker is influenced by others harboring discriminatory intent. Staub v. Proctor Hosp., 131 S.Ct. 1186 (2011)

Article originally appeared on Law Offices of Gregory P. Einhorn (http://www.einhornlawoffice.com/).
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