Category Archives: Articles

Unenforceable Arbitration Agreements

In California, Not All Arbitration Agreements Are Enforceable Arbitration agreements can be an excellent tool for managing exposure to costly litigation and the unwanted publicity associated with employment-related lawsuits. Unfortunately, arbitration agreements between employers and employees are not ironclad, and California courts often refuse to enforce them. A recent case serves as an important reminder […]

Employers Can Be Liable for the Misconduct of a Nonemployee Trespasser

Sexually Assaulted Employee Can Recover Damages from Employer Under FEHA, in Addition to Workers’ Compensation Recovery, for Sexual Harassment by a Nonemployee Trespasser In M.F. v. Pacific Pearl Hotel Management LLC (2017) 16 Cal.App.5th 693, a California Court of Appeal ruled that workers’ compensation benefits may not be the exclusive remedy for an employee who […]

Computing Overtime When an Employee Earns a Flat Sum Bonus

California Supreme Court Issues Important Guidance on Computing Overtime Under California law, overtime pay is based on an employee’s “regular rate of pay,” which is not necessarily an employee’s regular hourly wage. This is because an employee’s “regular rate of pay” includes all forms of compensation that an employee receives, e.g., production bonuses. As a […]