Blogs By: Scott Shibayama, Esq.

An “off the clock” claim occurs when the employee claims more time worked that what appears on their daily time record. The time records show one thing but the employee claims they worked more hours. Sometimes those “off the clock” hours result in an overtime…Read More

California Family Rights Act (CFRA)SB 1383 This is California’s equivalent to the federal Family Medical Leave Act (FMLA).  California has now significantly expanded its CFRA: Covered “Employer” Expanded – CFRA used to apply only to employers with 50 or more employees.  This now applies to employers…Read More

Since 2012, California businesses have been hammered by adverse compensation rulings. Incentive compensation plans have been under fire. It seems the California legislature (and courts) think everyone should be paid solely on an hourly basis. Finally California employers have an court opinion that supports incentive-based…Read More

Or round up to the nearest minute, lest one of your employees claims you failed to pay them for all hours worked. I’ve been preaching for a while that employers should get an electronic time keeping system and pay non-exempt employees to the minute. Based…Read More

Summary: LC 1182.12 Reminder CA Minimum Wage Goes Up January 1, 2018 Time To Redo Your Job Applications AB 168 California Employers Cannot Ask for Salary Information or Rely On Salary Info In Hiring Decision or Salary Decision AB 1008 California Employers Cannot Ask For Any Conviction History…Read More

Arbitration is a critical tool for California and small and medium businesses to deal with the escalating costs of traditional litigation. Arbitration allows employer-employee disputes to be resolved in a quicker, less formal manner. That does not sit well with many judges and plaintiff’s attorneys,…Read More

Employee handbooks are an essential legal document that every California small and medium business (SMB) should have. An effective employee handbook spells out what you expect from your employees and helps protect your business from potential lawsuits. But if you want an enforceable arbitration agreement…Read More

Arbitration has always been a controversial issue in California employment law. State judges are typically more hostile towards private arbitration agreements than federal courts. This puts a burden on employers, who must fight just to enforce arbitration agreements that their employees agreed to. But even…Read More

Some Complaints Need Legal Investigation Business owners in California have to deal with employees who complain about violations of their rights, harassment, discrimination, retaliation, complaints about break times and we’re just getting started. It’s tough enough for small businesses just to keep track of all the…Read More

In California, piece rate compensation plans have been on the chopping block since 2013. That’s when two California courts ruled that piece-rate employers had to separately pay employees for rest and recovery periods and “nonproductive” time. Back then we wrote those decisions put the “nail in the coffin” for…Read More