Ernest M. Malaspina

Ernest M. Malaspina

Hopkins & Carley

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Employers May Deduct from Vacation Pay for Exempt Employee's Partial Day Absences of Less than Four Hours

An employee’s exempt status under both federal and California law is dependent on the employee’s duties falling within one of the exemptions (administrative, professional, executive) and the employee being paid on a “salary...more

8/8/2014 - Appeals DLSE Employer Liability Issues Employment Policies Exempt-Employees Vacation Leave Vacation Pay

Peabody Decision Tightens Requirements for Commission Payments and Exempt Status

State and federal law create an exemption from overtime compensation for employees engaged in sales who satisfy specific criteria. Although the requirements under each set of laws are not identical, each generally provides...more

7/24/2014 - Employer Liability Issues Exempt-Employees Exemptions Minimum Wage Over-Time Sales Commissions Time Warner Wage and Hour

The California Supreme Court Holds That an Employee May Waive the Right to Bring a Wage and Hour Class Action in an Arbitration...

On Monday, June 23rd, 2014, the California Supreme Court issued its long awaited decision in Iskanian v. CLS Transportation. In Iskanian, the Court held that waivers of the right to bring a wage and hour class action,...more

7/1/2014 - Arbitration Class Action Class Action Arbitration Waivers CLS Transportation Employer Liability Issues Federal Arbitration Act Iskanian PAGA Trucking Industry Wage and Hour

Is Your Standard Severance Agreement Subject to Challenge by the EEOC?

Many employers have a standard severance agreement that they routinely use with minor modification when terminating an employee either as part of a reduction-in-force or for performance or other reasons. Obviously, the major...more

5/23/2014 - Corporate Counsel EEOC Employer Liability Issues Hiring & Firing Severance Agreements Termination

The Whistle Blower Provisions of Sarbanes-Oxley Extends to Employees of Privately Held Companies Under Some Circumstances

In a decision that expands considerably the number of employees covered by the whistle-blower provisions of the Sarbanes-Oxley Act, the United States Supreme Court ruled earlier this month in Lawson v. FMR LLC that two former...more

5/9/2014 - Employer Liability Issues Lawson v FMR Privately Held Corporations Retaliation Sarbanes-Oxley Securities Fraud Whistleblower Protection Enhancement Act Whistleblowers

Are Your Wage Statements Compliant Under Labor Code Section 226?

The California Labor Code is full of potential penalties for the unwary employer. The penalties arguably exist to ensure compliance by unscrupulous employers but often the penalties result in a windfall to employees for an...more

5/9/2014 - Employer Liability Issues Employer Mandates Labor Code Labor Commissioners Penalties Section 226 Wage and Hour Wage Statements

The California Supreme Court Agrees To Answer Questions Regarding California's Suitable Seating Requirement

Most of the California Wage Orders require an employer to prove “suitable seats when the nature of the work reasonably permits the use of seats.” While the “suitable seat” requirement has been in the Wage Orders for many...more

5/9/2014 - Employee Rights Employer Liability Issues PAGA Suitable Seats Lawsuits Wage Orders

Employment Law Advisory for February 13, 2014: Avoid Common Mistakes When Creating Commission and Bonus Plans

Commissions or bonuses represent a significant component of the compensation packages of many employees. As of January 1, 2013, California Labor Code section 2751 requires commission agreements to be set forth in writing, and...more

2/14/2014 - Bonuses Compensation Agreements Compliance Employer Liability Issues Wages

New Protections for Whistleblowers and Suspected Undocumented Workers Take Effect January 14, 2014

The California Legislature had a busy year in 2013 and produced a great deal of employment-related legislation which just took effect on January 1. Because retaliation claims against employers have been on the rise for...more

1/23/2014 - Compliance Dodd-Frank Employer Liability Issues Retaliation Training Undocumented Immigrants Whistleblower Protection Policies Whistleblowers

Employment Law Advisory: Company-Sponsored Holiday Celebrations: Avoid the Obvious Risks

As the holiday season reaches its peak, company-sponsored holiday parties, and the risks that arise with them, are ubiquitous. Each year, company-sponsored holiday parties result in incidents that prompt claims against the...more

12/12/2013 - Discrimination Drunk Driving Employer Liability Issues Harassment Holiday Parties Religious Discrimination Wine & Alcohol

The CA Supreme Court Issues a Confusing Opinion on the Question of Whether Employees can be forced to Arbitrate Unpaid Wage Claims...

We have written regularly regarding the enforceability of arbitration clauses contained in standard employment agreements. Understandably, most employers would love to avoid the uncertainty of appearing before a judge or jury...more

10/24/2013 - Administrative Hearings Arbitration Arbitration Agreements Employer Liability Issues Mandatory Arbitration Clauses Unconscionable Contracts Unpaid Wages

Employment Law Advisory for August 30, 2013: No Help for Employers from the Legislature in the Battle against Wage and Hour Claims

Perfect compliance with the California Labor Code, California Wage Orders and the Fair Labor Standards Act, is a constant challenge for every employer. An innocent and seemingly minor error can result in significant potential...more

9/3/2013 - Class Action Employer Liability Issues Unpaid Wages Wage and Hour

Employment Law Advisory for July 30,2013: "Independent Contractor" or "Employee" Turns on Company's Right to Control the Manner...

Companies use independent contractors, instead of employees, to perform certain functions for many different reasons. Often, companies find it easier in the short term to retain an “independent contractor” rather than to hire...more

8/1/2013 - Employer Liability Issues Full-Time Employees Independent Contractors Right to Control

Employment Law Advisory for December 5, 2012 - Company-Sponsored Holiday Celebrations: Avoid the Obvious Risks

As the holiday season reaches its peak, company-sponsored holiday parties, and the risks that arise with them, are ubiquitous. Each year, company-sponsored holiday parties result in incidents that prompt claims against the...more

12/11/2012 - Discrimination Employer Liability Issues Harassment Holiday Parties Religious Discrimination

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