I am pleased to announce that Phillip J. Griego & Associates is now available to meet with clients in the East Bay Area. While we have served Alameda County for some time, we will now have a physical presence in Pleasanton, California. Initially, we will have an attorney available to meet with clients on Fridays, [...]
Posts Tagged ‘Silicon Valley’
Now Seeing Clients in the East Bay
Posted in Announcements, Litigation, Seminars, tagged Alameda county, California, Discrimination, East Bay, Employment Law, Employment Lawyer, harassment, independent contractor, new office, overtime, San Jose, Silicon Valley, wage and hour on July 18, 2011 | Leave a Comment »
Leave Entitlements
Posted in Disability Discrimination and Failure to Accommodate, Discrimination, Harassment or Retaliation, Hiring, Medical Leaves of Absence, Policies & Best Practices, tagged accrued, California, comp time, employer employee relationship, Employment Law, holiday pay, makeup time, San Jose, Silicon Valley, South Bay, vacation on June 2, 2011 | Leave a Comment »
I was looking for some information regarding the various leave laws that employers must consider, and came across a guide from the Department of Fair Employment and Housing. It is a fairly good summary of most of the various leave laws impacting companies doing business in California. I noticed it does not discuss leaves of [...]
Fair Employment and Housing Commission Is Being Eliminated
Posted in Age Discrimination, Disability Discrimination and Failure to Accommodate, Discrimination, Harassment or Retaliation, Hiring, Litigation, tagged California, Discrimination, Employment Law, Employment Lawyer, harassment, Hiring, independent contractor, San Jose, Silicon Valley on May 17, 2011 | Leave a Comment »
Governor Jerry Brown issued the 2011/12 May Budget Revision (May Revise) in an attempt to reduce the multi-billion dollar deficit. As part of the revised budget the Governor eliminates and/or consolidatse many governmental programs. Under the revised budget, the Fair Employment and Housing Commission (FEHC)—the civil rights agency with administrative adjudication and regulatory responsibility—will be [...]
Arbitration Clause in Independent Contractor Agreement Invalid
Posted in Arbitration, Hiring, Independent Contractors, Policies & Best Practices, tagged Arbitration, California, employer employee relationship, Employment Law, Employment Lawyer, independent contractor, labor code, San Jose, Silicon Valley on February 24, 2011 | Leave a Comment »
Employers doing business in California know, or should know, that arbitration agreements are oftentimes thrown out as being “unconscionable.” See Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83, and its progeny. If the employment arbitration agreement is procedurally and substantively unconscionable the courts will not enforce the agreement. In the typical employer-employee [...]
Explicit Mutual Wage Agreement Can Set Hourly Rate
Posted in Litigation, New Laws, Policies & Best Practices, Wage & Hour, tagged 515, California, contracts, East Bay, employer employee relationship, employment contract, Employment Law, Employment Lawyer, exempt, exemption, independent contractor, labor code, minimum wage, mutual wage agreement, non-exempt, overtime, salary, Silicon Valley on February 8, 2011 | Leave a Comment »
The general rule in California is that a non-exempt employee’s salary only compensates the employee for the regular hours worked. This means if you pay an employee a set salary each week the employee is still entitled to overtime if s/he works more than 8 hours in a day or 40 hours in a week. [...]
Statute of Limitation on Penalty Claims Just Got Extended
Posted in Independent Contractors, Litigation, Policies & Best Practices, Wage & Hour, tagged California, Employment Law, Employment Lawyer, holiday pay, independent contractor, labor code, loss of, overtime, pay, San Jose, Silicon Valley, statute of limitations, wage and hour on November 19, 2010 | Leave a Comment »
Labor Code Sections 201 and 202 require employers to pay employees all wages owed immediately upon termination or within 72 hours of the employee’s resignation. If an employer willfully fails to pay all wages owed as provided in Labor Code Sections 201 and 202 are subject to penalties under Labor Code Section 203. These “waiting [...]
Supreme Court Taking an About Face on Statute of Limitations?
Posted in Discrimination, Harassment or Retaliation, Hiring, Litigation, New Laws, Policies & Best Practices, tagged Discrimination, Disparate Impact, Employment Lawyer, harassment, Lewis v. Chicago, San Jose, San Jose Employment Attorney, Silicon Valley, statute of limitations on May 26, 2010 | Leave a Comment »
In a case that did not deal with “discrimination in compensation” the Supreme Court carved out an exception to the strict filing deadlines by deciding when the statute of limitations begins to run on a disparate impact claim.
Do You Have to Pay Exempt Employees if the Office is Closed for a Week?
Posted in Policies & Best Practices, Wage & Hour, tagged California, exempt, holiday pay, minimum wage, office closing, overtime, plant closing, San Francisco, San Jose, Silicon Valley on November 12, 2008 | Leave a Comment »
Jennifer asks: My employer just announced today that they will be closing the office the week of Thanksgiving, November 24-28. The 27th and 28th were already scheduled as holidays. I am a salaried exempt employee and thus, always get paid for the day after Thanksgiving while hourly employees in the office do not receive pay [...]
Brinkley, not Brinker – Another Meal Break Case
Posted in Policies & Best Practices, Wage & Hour, tagged 226, 226.7, Bay Area, California, labor code, meal break, pay stub, penalties, penalty, rest break, San Jose, San Mateo, Santa Clara, Silicon Valley on October 29, 2008 | Leave a Comment »
Another appellate court decision was issued today regarding whether an employer is obligated to ensure employees take required meal and rest breaks. In Brinkley v. Public Storage, Inc. (B20513), the Second Appellate District rejected the employee’s argument that employers must force employees to take meal and rest breaks. The court adopted the arguments previously set [...]
