Blogs By: Scott Shibayama, Esq.

This is a recurring workplace issue that continues to surprise us.  We would think after all the sex harassment publicity it would not be a Top 10 employment and labor law issue. As a small/medium business owner, you have a target on your back.  But…Read More

Both the state and federal governments have been cracking down on independent contractor status.  They call it “misclassification” of employees as independent contractors.  In their eyes all workers are employees; none are “independent contractors.”  Essentially any worker who performs work for your business and who…Read More

California law requires an off duty unpaid meal period of at least 30 minutes for every five hours worked.  The failure to provide the meal period results in a penalty of one hour at the employee’s regular hourly rate of pay (Labor Code section 226.7 –…Read More

After years of waiting, and $millions (if not $billions) in legal fees, settlements and damages paid by California businesses, the California Supreme Court has issued its rest and meal period decision in the Brinker Restaurant case. Overview The Brinker Court fashioned practical rules somewhat favorable to employers.  The key question…Read More

A Vision Law® attorney attended the live oral argument before the California Supreme Court in San Francisco on November 8, 2011 on a case involving an employer’s obligation under California law on rest periods and meal periods. It is astonishing that the highest court of…Read More

Protecting The “Secret Sauce” The law of trade secrets has broader application than to employee relations. But the problem often arises in the employment setting, usually when a departing employee feels they can take your “secret sauce,” steal your clients and start a competing business…Read More

When we talk about the “right to privacy” in the employment context, it is important to note generally we are not talking about the “employer’s” or the “business’” right to privacy. You guessed it, we are talking about the “employee’s” right to privacy and in…Read More

Since the California Supreme Court’s Armendariz decision, arbitration agreements under California law have been bitter sweet. California small-medium businesses (SMB’s) can impose mandatory arbitration agreements on employees to arbitrate employment related disputes, but must pay for all fees and costs associated with the arbitration. Mandatory binding arbitration…Read More

Not Just For The Fortune 500 What would you do if your business was handed a wage and hour class action Summons & Complaint requiring a response within 30 days and demanding $1.9M in damages, the alternative being a default judgment being taken against your…Read More

“Class action” lawsuits based on labor law violations threaten large and small businesses throughout California. Wage and hour laws are designed to protect laborers against unfair practices by employers and are some of the oldest labor laws in the nation. But today, class-action lawsuits allow…Read More