Articles Posted in Employment Law

Unsigned Agreements to Arbitrate Employment Disputes May Be Enforceable
Thomas M. Lee

The Court of Appeal for this district recently held that an employee is obliged to arbitrate any disputes with the employer once the employer declares that continued employment manifests assent to such a requirement, even if the employee declines to sign an arbitration agreement. Policy Announcement An employee brought her action against her employer on…

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California’s New 2019 Employment Laws in a Nutshell
Thomas M. Lee

The new calendar year brings in new employment laws that both employees and employers should consider. Notably, the changes are geared towards providing more protections for employees in the workplace and some are in response to recent high profile sexual harassment incidents in the entertainment industry. Please note that the information provided here is for…

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The New ABC’s of Properly Classifying a Worker as an Employee or Independent Contractor
Thomas M. Lee

The California Supreme Court issued a landmark decision in the matter of Dynamex Operations West, Inc. v. Superior Court of Los Angeles earlier this year establishing a new and employee-friendly test in determining whether an employee has been misclassified as an independent contractor. In particular, the Court embraced a standard presuming that all workers are…

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CA Supreme Court Confirms Employers Must Pay Their Workers for Routinely Performing Off-Clock Tasks
Thomas M. Lee

From Metnews.com: Off-clock time which employees are expected to put in regularly, for such purposes as locking up, cannot be disregarded under California wage-and-hour laws, which do not incorporate the de minimis doctrine found in the federal Fair Labor Standards Act, the Supreme Court said yesterday in response to a question certified by the Ninth…

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Unsuccessful Plaintiff In Employment Discrimination Case Ordered To Pay $94,000 In Attorney’s Fees To Former Employer
Thomas M. Lee

The Court of Appeal for this district yesterday affirmed an order to an African American medical doctor, who was fired from his post as provost of Charles R. Drew University of Medicine and Science, a predominantly African American university, and sued for racial and age discrimination in addition to retaliation and whistle-blowing, to pay $94,017.50…

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Buy Your Way Into the USA!
Thomas M. Lee

The Entrepreneur Parole Rule Lets Foreigners Buy their Way Into the USA Starting July 17, 2017 The US Department of Homeland Security (“DHS”) has finalized new regulations creating the Entrpreneur Parole Rule, which takes effect on July 17, 2017. The DHS believes that this final rule will encourage foreign entrepreneurs to create and develop start-up…

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