California

Sales Reps Qualified for Outside Sales Exemption, 9th Cir. Rules

Pharmaceutical sales representatives who urged doctors to prescribe certain drugs, but did not actually sell them, nonetheless qualified for the outside sales exemption from the Fair Labor Standards Act, the 9th U.

Calif. Court: Employer Call-in Procedures Must Be Followed

Employees must follow their companies’ call-in procedures for reporting absences and tardiness, a California appeals court ruled, emphasizing a Family and Medical Leave Act rule that was tightened in favor of employers by the January 2009 regulations.

Stray Remarks Are Admissible to Prove Discrimination, California Supreme Court Holds

"Stray remarks" are admissible to help prove age discrimination and withstand summary judgment for an employer under the California Fair Employment and Housing Act, the California Supreme Court ruled on Aug.

California Same-sex Marriage Ban Unconstitutional, Says U.S. District Court Judge

Employers and plan administrators in California may need to adjust their policies and documents to once again accommodate same-sex spouses — but not yet, as a result of a recent court decision.

California Law Determines Residents' Employment Status, Ninth Circuit Holds

Whether California residents hired as drivers by a Texas corporation are to be considered "employees" entitled to the protections of the California Labor Code must be determined by reference to California law, not by the laws of Texas, the 9th Circuit U.

Mandatory Arbitration Ordered on California FEHA Claims

An employer may compel a terminated employee to arbitrate his claims under California's Fair Employment and Housing Act, under a mandatory arbitration agreement he was required to sign as a condition of employment with the employer and with no opportunity to negotiate any of the terms, a federal district court has ruled.

Restaurant Managers Can't Sue as Class, California Court of Appeal Holds

The job duties of restaurant managers alleging overtime violations under California law vary enough that they must sue individually and not as a class, the California Court of Appeal ruled recently.

Policy Review, Training Should Precede Pregnancy Announcement, Attorney Says

Employers should train their staffs and review their leave policies prior to learning that a female employee is pregnant, in order to make sure their handling of the pregnancy and its aftermath is lawful under various discrimination and leave laws, a leading employment law attorney said during a March 31 webinar.

Unlimited Sick Leave Is Not Subject to "Kin Care" Law, Calif. Supreme Court Holds

An employer that allows employees to take unlimited paid sick leave to care for themselves is not obligated under the state's "kin care" law to allow them to use 1/2 of their accrued leave to care for a sick relative, the California Supreme Court ruled Feb.

Employer Not Liable for Discriminating Against Injured Employee, Calif. Appeal Court Holds

An employer is not liable for discrimination against an injured employee under the state labor code, because he failed to show that it treated him differently than it would have treated a noninjured worker, a California Court of Appeal ruled on Nov.

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