by Wirtz Law | Apr 20, 2012 | Business & Industry, Employment & Labor
On April 11, 2012, the United States Court of Appeals for the 9th Circuit (which includes California) issued another employer friendly decision. In Samper v. Providence St. Vincent (9th Cir. 10-35811 4/11/12), the limits of an employer’s attendance policy were...
by Wirtz Law | Apr 12, 2012 | Business & Industry, Employment & Labor
Today, the California Supreme Court issued its long awaited decision in Brinker Restaurant Corp. v. Super. Ct. (SC S166350) holding that the nature of an employer’s duty to provide meal periods is an obligation to relieve an employee of all of his or her duties,...
by Wirtz Law | Feb 10, 2012 | Business & Industry, Employment & Labor
It is becoming commonplace for California employees to be employed by out-of-state employers. In some situations, the out-of-state employer will take advantage of the more employer friendly laws of the non-California venue and require the employee to sign non-compete...
by Wirtz Law | Feb 2, 2012 | Business & Industry, Employment & Labor
When employees take a leave of absence for military service, they are entitled to continue the health plan provided by their employer pursuant to two relevant statutes.[1] The Uniformed Services Employment and Reemployment Rights Act (USERRA) and the Consolidated...
by Wirtz Law | Jan 18, 2012 | Business & Industry, Employment & Labor
In the recent federal case of White v. City of Pasadena (9th Cir. 08-57012 1/17/12) the federal court ruled that it would not re-hear the same claims brought and lost in state court by a disgruntled employee. After being terminated from the City of Pasadena Police...
by Wirtz Law | Jan 18, 2012 | Business & Industry, Employment & Labor
Most employers and employees will agree that if they do not specify the term (or length) of employment, the employment relationship is “at-will” — that is, either the employer or the employee may end the relationship at any time for any reason (except for...
