Category Archives: Employment Law

Employment Law – Domino’s Pizza can be found to be liable for acts of franchisee

Many franchisors take the attitude that their franchisees are independent contractors and so the franchisor is not liable for the acts of their franchisee.  Domino’s Pizza just found out from a California court that they might be liable for sexual … Continue reading

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Employment Law – Attorney fees not recoverable in California rest break and meal break cases

The California Supreme Court continued the winning streak for employers with its decision in the case of Kirby v. Immoos Fire Protection that attorney fees are not recoverable for prevailing parties in meal break and rest break cases. Before the … Continue reading

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Employment Law – Rules for meal breaks and rest breaks explained by California Supreme Court in Brinker case

Here is the long-awaited, mostly pro-employer, decision on meal breaks and rest breaks by the California Supreme Court in the Brinker case.  The decision confirmed employers need only provide the opportunity for employees to take meal breaks, and employers do … Continue reading

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Employment Law – How did Ani Chopourian get a $168 million dollar verdict?

Sacramento physician assistant Ani Chopourian made recent headlines with her $168 million verdict against Mercy General Hospital for unlawful retaliation, harassment, and rest/meal break violations.  This may be the biggest verdict ever for a victim of workplace harassment. The $168 … Continue reading

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Employment Law – Law clerk exempt from overtime pay because he was classified as a professional employee

Matthew Zelasko-Barrett sued a Northern California law firm, Brayton-Purcell LLP, for not paying him overtime for his work for them as a law clerk after he graduated from law school and before he passed the bar exam.  The California Court … Continue reading

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Employment Law – Employees fired for Facebook or social media post fight back

With Facebook passing the 750 million member mark and other social media such as Google + gaining members at a rapid pace, it is becoming common for employees to be “friends” or connected with co-workers and even their supervisors.  Therefore, … Continue reading

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Employment Law – Court rules a man telling another man he wants to have sex with him is not sexual harassment

As a firm that has handled female-on-male sexual harassment cases and male-on-male sexual harassment cases, the recent case of Kelley v. The Conco Companies was of great interest to us. In the Kelley matter, a male apprentice employee said a … Continue reading

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Employment Law – Personal e-mail sent on company computer not privileged

A lot of people probably already know this, but just in case you don’t, the California Court of Appeal in the case of Holmes v. Petrovich Development Company held, among other things, that an e-mail sent by an employee to … Continue reading

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Employment Law – Meal Breaks – Employers not required to ensure meal breaks are taken

A California appellate court in the case of Hernandez v. Chipotle is the latest California case to weigh in on meal breaks. Although the primary ruling was on class action issues that we won’t get into, the Hernandez court did … Continue reading

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