http://stormsemploymentlaw.com The First Blog Dedicated To California Employment Law. Original reporting. Cradle-to-grave law tracking. Since 2004. Fri, 06 Jun 2008 18:28:21 +0000 http://backend.userland.com/rss092 en SB 1244 (retaliation) is stalled in a Senate Committee. SB 1539 has been neutered to simply express the Legislature's intent to address meal and rest periods, and is in procedural limbo. SB 1583 (independent contractors) has passed the Senate and is in Assembly Committee.  This is the "don't advise people to do ... http://stormsemploymentlaw.com/legislative-update-3/ WageLaw: DOL on minimum wage and part-time exempt employees. Workplace Law Prof: Summary Judgment in Discrimination Cases. Also, the unemployment rate is up.  Will we see a spike in employment litigation? http://stormsemploymentlaw.com/links-for-the-week-of-june-2-june-6-2008/ I have some kind of nasty bronchitis that someone else in my office kindly donated to me.  I've had the pleasure of passing it forward, causing the ranks to dwindle noticably around here.  I will follow up with the Legislature after I'm back to 100% http://stormsemploymentlaw.com/patient-2/ It is settled law in theory, but rarely in plaintiff's practice, that temporal proximity isn't a slum dunk prima facie case. The Artaega court states: [T]hough temporal proximity, by itself, may be sufficient to establish a prima facie case of discrimination or retaliation, it does not create a triable fact as to ... http://stormsemploymentlaw.com/artaega-v-brinks-inc/ This case is yet another example of what happens when HR terms of art that folks involved in related fields know the meaning of come to be construed by people who aren't used to those terms of art. Other sites have commented on this case fully enough. I would just add that ... http://stormsemploymentlaw.com/dont-try-this-at-home-mccarther/ AB 2716, requiring paid sick leave, has passed the state Assembly.  It goes to the Senate, but I would assume this one gets vetoed.  The California Chamber of Commerce opposes this measure, and the Governor has vetoed almost every bill they have opposed. The City & County of San Fransisco has ... http://stormsemploymentlaw.com/ab-2716-clears-assembly/ I apologize for the late posting lately. Ed Zelinsky criticizes the advent of state-run retirement plans. (h/t WorkPlace Prof Blog)  AB 2940, which is California's version of CalPERS for all, is currently up for a floor vote in the Assembly after passing out of committe 12-5. Shaw Valenza LLP on California's first ... http://stormsemploymentlaw.com/links-notes-for-may-19-2008-may-30-2008/ The language is clear: there is no distinction in the law anymore between "domestic partnerships" and marriages in California.  Does this mean everyone with a domestic partnership is nor married (and vice versa)?  And what effect will this have on the status under federal laws in light of comity, DOMA, ... http://stormsemploymentlaw.com/in-re-marriage-cases-and-employment/ This is the fun thing about employment law.  Just when the courts resolve some arcane aspect of wage and house law that other lawyers think is unbelievably esoteric, a new one pops up: WageLaw: Wage and hour lawyers are talking about a law and motion ruling made last week by Orange County ... http://stormsemploymentlaw.com/wagelaw-oc-judge-says-waiting-time-penalties-are-wages/ WageLaw: Paperboys are employees. It's more than a trend at this point, it's a new rule: that person you think is in an independent contractor, isn't.  When you're doing a business-to-business transaction, you know it.  You don't think there's a chance for you to pay overtime to the Verizon guy that ... http://stormsemploymentlaw.com/links-for-the-week-of-may-5-may-9-2008/ More against McDonnel Douglas/Burdine [Workplace Prof] WageLaw: Bell v. Sup. Ct. depublished. CalBizLit has a concise summary of the circumstances under which defendants may (theoretically) claim attorneys' fees in FEHA cases. There was more good stuff this week, but I've been busy. http://stormsemploymentlaw.com/links-for-the-week-of-april-28-2008-may-2-2008/ The materials linked on this page are an interesting read. The best thing about this initiative is that it focuses on employer compliance, which is simultaneously most effective for employers and least effective for attorney billings.  Littler correctly sees the potential for its own earnings, and the truth of compliance being ... http://stormsemploymentlaw.com/littlers-total-wage-and-hour-compliance-program/ Are BlackBerry/PDA lawsuits on the horizon? [Workplace Prof Blog] Computer says, "yes." WageLaw: Another U.S. District Court rejects DLSE's affirmative duty requirement regarding rest and meal periods. I'm not sure why the District Courts aren't following Cicairos.  There needs to be some sort of compromise on this issue, ultimately.  Is there a way ... http://stormsemploymentlaw.com/links-for-the-week-of-april-21-2008-april-25-2008/ h/t Workplace Prof blog This case states what I and others have long believed: the McDonnell Douglas requirement of a prima facie case is really nothing more these days than an unnecessary distraction.  This case is therefore significant because not only does it state that conclusion so bluntly, but also because ... http://stormsemploymentlaw.com/mcdonnel-douglasburdine-framework-criticized/ Colorado to do away with "at-will" employment? Carleton DiSante & Freudenberger on SB 1539. The Sacramento Bee has an article on AB 2716's mandate of offering sick days.  The bill's author claims that mandated sick days would save business money on turnover costs and protect employees.  CalChamber is against it, and they ... http://stormsemploymentlaw.com/links-for-the-week-of-april-14-april-18-2008/