California Lawyers Association

Labor and Employment eNews

Articles from the Labor and Employment Law Section’s eNews

The employer waived its right to arbitrate by waiting to file its motion to compel arbitration of plaintiffs’ individual claims until after it failed to settle the case following two years of classwide discovery and class notice procedures. Read more
Happy New Year, all. We have a lot to look forward to in 2021, including more excellent programs and initiatives from the Labor & Employment Law Section. One of our most popular programs is right around the corner – the New Employment Law Practitioner Conference on January 20th and 21st. Read more
The January issue of our Law Review will feature the annual summary of New California Employment Laws by Michael S. Kalt and David J. Duchrow, and a look back at The Top Cases of 2020 by Ramit Mizrahi, Andrew H. Friedman, and Anthony J. Oncidi. Read more
The court vacated an arbitration award, finding the arbitrator exceeded his authority by issuing an award enforcing provisions of an employment agreement that illegally restricted the employee’s future right to work in the field of securities trading, in violation of Business and Professions Code section 16600. Read more
Seasons Greetings. I would like to personally wish each of you safe holiday celebrations followed by a very Happy New Year. Read more
I am pleased to be taking on the role of Chair of the Section’s Executive Committee. You will hear more from me in the upcoming issue of the Law Review. For now, welcome to the fall season with its cooler weather and anticipation of the holidays. Read more
Labor Code section 515 allows for the establishment of overtime pay exemptions for employees who perform certain duties and who “earn[ ] a monthly salary equivalent to no less than two times the state minimum wage for full-time employment.” A compensation plan based solely on commissions, with a recoverable draw against future commissions, does not qualify as a “salary” for purposes of the administrative exemption to overtime pay. Read more
The Court of Appeal affirmed the superior court’s dismissal of Fushan Li’s petition for writ of mandate after his request that the court waive the bond requirement was denied and he failed to post a bond. On appeal Li contended he was not properly subject to the bond requirement, which was adopted after the citations he challenged were issued, and, alternatively, the trial court abused its discretion in denying his request for relief from the requirement once he had demonstrated his indigency. Read more
The First Amendment’s Religion Clauses foreclose certain employment-discrimination claims brought against religious organizations. This “ministerial exception” applies to employees who perform vital religious duties on behalf of the organization. Read more
Though we aren't able to meet in person due to COVID-19, the Section continues to produce high quality but affordable online programming so you can get your MCLE hours. Read more

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