Category Archives: Articles

On April 12, 2012, the California Supreme Court finally issued it’s much anticipated ruling in Brinker Restaurant Corporation v. Superior Court, holding that employers need not act as surrogate police to their employees. The Court explained that while employers have a duty to provide meal and rest periods to their employees, they have no duty to hover over them to “ensure” that they abstain from working during those breaks. This relieves a huge, impossible burden, which exposed employers to countless class action claims.

The use of social media has grown exponentially. Facebook is projected to reach one billion active users by August, and Twitter is on track to reach 500 million users this month. Smart phones allow us to post our opinions, complaints, and musings on social media sites instantaneously – and often, it seems, without much thought. Many, if not most, employees actively use one or more social media sites. This is a cause of concern for business owners, and with good reason. No business owner wants to see his or her business disparaged worldwide by a disgruntled employee firing off a virulent post on Facebook. The threat of damage caused by the disclosure of confidential information about the business or a client or customer is real.

Employers seeking to successfully navigate their way through 2012 are in for some significant changes in the employment law landscape. Compelled by these uncertain economic times, the California Legislature has enacted a myriad of laws ensuring the payment of wages, insulating most employment applicants from the impact of a negative credit score, and imposing stiff penalties on employers that willfully misclassify their employees as independent contractors.

Most jury verdicts do not end up in the news.  Generally, they play out in courts across America with very little fanfare. No cameras, or reporters, no Nancy Grace. But every so often, and mostly in criminal cases, the jury’s verdict is so inconsistent with the court of public opinion that it becomes a headline [...]