Blogs By: Scott Shibayama, Esq.

That’s what the California anti-discrimination statute says.  But California courts have interpreted “prevailing” employer to mean “but only if” the employee’s discrimination lawsuit was “unreasonable, frivolous, meritless, or vexatious.” So it’s not enough for the employer to win the case.  Employer still losses on attorneys’…Read More

A common misconception is paying an employee a salary makes them “exempt” from payment of overtime.  I bet at least half of you reading this are saying, “what, you mean that’s not the case?” That’s right, it’s not.  While paying a salary is required, there…Read More

Smart employers know having written employee policies is good business. But who would have thought the absence of a written policy – when the law does not require one – could create liability for employers?  And when that lack of a written policy can result…Read More

Here’s more inside scoop from the continuing education course on employment and labor law for attorneys I recently attended. This a continuation of Part 1.  Read Part 2. Lessons learned, Part 3: Unemployment Insurance Claims This one I found particularly interesting.  When I used to represent very large…Read More

Here’s more inside scoop from the continuing education course on employment and labor law for attorneys I recently attended. This a continuation of Part 1.  Read Part 3. Lessons learned, Part 2: Employee Documentation What am I talking about here?  I’m talking about HR Legal employee documentation.  This…Read More

If you are an employer or employer’s representative you might find the following inside scoop interesting. Recently I attended a continuing education course on employment and labor law for us attorneys.  As is typical, there was an attorney who represents primarily employees (“plaintiff’s attorneys” we…Read More

A new California law just changed the ball game for in home care for the elderly who are unable to care for themselves. What happens when your parent would like to remain in their own home but they cannot care for themselves and need someone to…Read More

Federal immigration law makes it unlawful for employers (including those in California) to hire and retain workers who are not permitted to work in the United States (including within the state of California). California law under AB 263 makes it unlawful for California employers (all…Read More

Here’s another reason for California employers to know their California minimum wage obligations and to comply with them. For a while now, a failure to pay minimum wage carried with it the penalty of having to pay not only the minimum wages owed but “liquidated…Read More

Employees may file claims for wages and other Labor Code violations either in court or before the California Labor Commissioner, Division of Labor Standards Enforcement (DLSE).  If an employee elects to sue before the Labor Commissioner/DLSE, an administrative hearing is held.  The hearing is known…Read More