Category Archives: Employment Law

Jim Parton’s Paid Sick Leave Law Article Published By United Contractors

Jim Parton’s article, “Are You Ready For California’s Paid Sick Leave Law?,” has been published by United Contractors in the May 2015 issue of the UCON Magazine. The magazine is available online at http://www.unitedcontractors.org/magazine. This law goes into effect July 1 and applies to virtually all California employers, even those with a single employee. This […]

A Poorly Drafted Employee Arbitration Agreement Today Can Have Drastic Consequences Tomorrow

A recent California appellate decision highlights the present flux in the state of the law regarding employee arbitration agreements and the painful consequences of a poorly drafted employee arbitration agreement. In 2013 the California Supreme Court ruled (in Sonic-Calabasas A, Inc. v. Moreno (2013) 57 Cal.4th 1109, 1124) that employees may be forced by arbitration […]

Another Reminder to Exercise Caution Before Classifying an Employee as an “Independent Contractor”

A recent decision provides another reminder of the reasons why California employers should proceed with caution before entering “independent contractor” agreements with relatively unskilled workers who are not truly independent. In evaluating whether a worker is misclassified as an independent contractor instead of an employee, courts look to see whether, among other factors, the worker […]

Administrative Exhaustion: Court Chooses to Publish the Wrong Decision and Muddles Jurisidiction & Burden of Proof

A recent appellate decision highlights the fact that a California employer’s right to dismissal of a claim for violation of the California Fair Employment and Housing Act (FEHA), based on the employee’s failure to exhaust administrative remedies, has an expiration date. If an employer waits until after the close of evidence at trial to seek […]

Ruling Reinforces Arbitration in Employment Disputes

The California Court of Appeal has reinforced the scope and effectiveness of arbitration clauses in employment agreements. A former employee sued in court. The employer petitioned to compel arbitration based on the employment agreement (which provided for arbitration). The employee opposed on the claim that the arbitration agreement was unconscionable and therefore unenforceable. The trial […]