Labor and Employment eNews

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

As we grapple with the implications of George Floyd’s death, I urge us all to act with compassion and respect. Remember that for many of us, the events of the past few weeks raise strong emotions. Realize that actions and speech may be fueled by those emotions. Recognize that people process strong emotions in different ways. But as we acknowledge and celebrate each other’s differences, it is more important to appreciate and build on our commonalities as human beings. Only… Read more

The United States Supreme Court held that plaintiffs lacked Article III standing because, win or lose, they would still receive the exact same monthly benefits they are already entitled to receive. Read more

I hope you, your family, and friends are healthy and safe as we face together the new challenges COVID-19 has brought to our daily lives. CLA has an outstanding collection of resources available for navigating through the pandemic. These include free webinars and court updates for attorneys, and free videos for the public on legal issues related to COVID-19. Read more