Category: California Questions

Quirky Question #220, Independent Contractors

Quirky Question #220, Independent Contractors

Question: I have always understood that California employers that misclassify workers as independent contractors face potential liability, including compensatory damages, penalties and attorney’s fees. I recently heard a news broadcast that mentioned there were cases suggesting that recent court decisions have approved the use of independent contractors in California.  Is that true and what are the takeaways?

Oracle: Non-Residents Performing Work in CA For CA Companies Are Covered by CA Overtime Provisions

Oracle: Non-Residents Performing Work in CA For CA Companies Are Covered by CA Overtime Provisions

Sullivan v. Oracle Corporation, et al. June 30, 2011, in Sullivan v. Oracle Corporation, et al., the California Supreme Court decided three certified questions from the Ninth Circuit regarding work performed in the State of California by non-residents for California based employers. Three plaintiffs worked as “Instructors” for Oracle Corporation from 2001 to 2004. As Instructors, Plaintiffs’ job was to...

Quirky Question # 174: A New CA Claim, Providing Employees with Chairs

Quirky Question # 174: A New CA Claim, Providing Employees with Chairs

Question: I work for a California retail employer. We have tried to stay in line with the state’s myriad wage and hour laws. We’ve audited the exempt status of questionably classified employees. We’ve reviewed and revised our meal and rest break policies. We’ve overhauled our overtime procedures. So far, we’ve avoided becoming a defendant in class action lawsuit. But now...

Quirky Question # 162: Employee Handbooks Creating Vested Benefits

Quirky Question # 162: Employee Handbooks Creating Vested Benefits

Question: Our company is located in California. We have language in our handbook that says all our employees are “at-will.” Our existing handbook also includes provisions setting out the conditions under which we will lay people off and what benefits they would be entitled to if that were necessary. This was put in place five years ago. Given the current...

Quirky Question # 160: Non-Competes and Public Policy

Quirky Question # 160: Non-Competes and Public Policy

Question: We are a nationwide company with offices and employees in nearly every state. One of our primary growth areas is California. We understand that California courts are generally inhospitable to post-employment restrictive covenants, including non-competes. But, we are trying to have uniform policies throughout our organization. Consequently, we still have confidentiality and non-compete language in our employees’ contracts, even...

Reasonable Accommodation for Absent Employee?  Quirky Question # 154

Reasonable Accommodation for Absent Employee? Quirky Question # 154

Quirky Question #154 One of our manufacturing employees, call him Jim, was fairly seriously injured in an accident on the production floor. Jim applied for workers’ compensation and was examined by a doctor. The doctor let us know that in his opinion, Jim would no longer be able to perform his job, since it required a significant amount of lifting...

Forcing Employees to Litigate in One State, Quirky Question # 153

Forcing Employees to Litigate in One State, Quirky Question # 153

Quirky Question #153 Our company has independent-contractor consultants in many states. Our headquarters is in Minnesota. We know that we could be sued in any of the states where we have independent contractors, and that many of those states apply their own legal tests to determine whether an individual is an independent contractor or employee. To get a little predictability,...