James McDonald Jr.

James McDonald Jr.

Fisher Phillips

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Paying Most Sales Employees Purely on Draw and Commission No Longer Lawful In California

Last month a California appellate court held that an employer violates California law by paying inside sales employees on a draw against commission. In Vaquero v. Stoneledge Furniture LLC, the court held that such a pay...more

3/13/2017 - Corporate Counsel Minimum Wage Piece-Rate Pay Rest and Meal Break Sales Commissions Salespersons Wage and Hour

Hugs May Get You Sued

Perhaps it’s not surprising that a circuit that for years has held that staring can constitute sexual harassment would find that excessive hugging may be illegal, too. The Ninth Circuit (which covers California and other...more

3/1/2017 - Appeals Employment Policies Reversal Sexual Harassment Summary Judgment

EEOC Explains Workplace Rights For Employees With Mental Health Conditions

Late last year, the Equal Employment Opportunity Commission (EEOC) issued a “resource document” aimed at employees entitled “Depression, PTSD and Other Mental Health Conditions in the Workplace: Your Legal Rights.” While the...more

2/7/2017 - ADA EEOC Mental Health Reasonable Accommodation

New Year, New Minimum Wage – Or Maybe Not

Time was, answering the question “What is the minimum wage?” was simple. There was the federal minimum wage and the state minimum wage, and for most California employers, only the latter number really mattered. Now the...more

1/6/2017 - Minimum Salary Minimum Wage Wage and Hour White-Collar Exemptions

Impact of President Trump Likely Limited for California Employers

The new president will likely bring substantial shifts in federal government policy, but California employers will be less affected by the changes because California has so many of its own employment laws. Here are some...more

11/22/2016 - Barack Obama Blacklist Executive Orders Fair Pay and Safe Workplaces Federal Contractors Judicial Appointments Labor Code Maternity Leave Minimum Salary Over-Time Presidential Elections State and Local Government Trump Administration White-Collar Exemptions

California Policies Against Harassment Face New Regulations

California employers will need to comply with a new set of regulations from California’s Fair Employment and Housing Council that go into effect April 1, 2016. Among other things, these regulations require employers with five...more

3/10/2016 - Anti-Discrimination Policies Anti-Harassment Policies Corporate Counsel Employment Policies FEHA New Regulations

Do New Anti-Trafficking Requirements Apply To Your Company?

As human trafficking and other forms of exploitation of labor continue to be a focus of public attention, requirements on some employers to prevent trafficking and related abuses have recently increased. ...more

11/2/2015 - Chief Compliance Officers Covered Entities Employment Contract Federal Contractors Foreign Nationals Hiring & Firing Human Trafficking Manufacturers New Regulations Recruitment Policies Retailers

California Employers Will Face Significant New Equal Pay Law

California employers will soon be subject to a new equal pay law that will create a much stricter standard for gender pay equity. Passed by the state legislature with broad bipartisan support and signed into law by Governor...more

10/7/2015 - Employee Rights Employer Liability Issues Equal Pay Equal Pay Act New Legislation Wage and Hour

Death Threats Lead To Employer's ADA Victory

It is rare that the most employee-friendly of all federal appellate courts cites “common sense” in support of one of its decisions. The 9th Circuit Court of Appeals recently did just that, however, dismissing a disability...more

9/1/2015 - ADA Appeals Best Practices Disability Discrimination Dismissals Employer Liability Issues Essential Functions Hiring & Firing Medical Leave Termination Work-Induced Stress Workplace Hazards

California Enacts "Fix-It" Legislation to Cure Ills of Paid Sick Leave Law

California’s paid sick leave law went into effect on July 1, 2015, but soon found itself in the emergency room with many unpleasant side effects. On July 13, Governor Brown signed AB 304 into law, which fixes many of the...more

7/15/2015 - Accrued Benefits Amended Legislation Employee Rights Employment Policies Healthy Workplaces Healthy Families Act 2014 New Legislation PTO Sick Leave

Come To Work And…Get Some Sleep?

Once upon a time, falling asleep at work was one of the best ways to get fired. Now, however, snoozing employees may not just have to be tolerated, they may need to be paid as well! How did we get to such an absurd point?...more

6/8/2015 - ADA Best Management Practices Corporate Counsel Employer Liability Issues Rest and Meal Break Wage and Hour

Labor Letter, July 2013: Updated Psychiatric Manual May Pose New Challenges for Employers

Suppose a shy and awkward employee who just performed badly in a customer presentation brings a note from his doctor diagnosing “Social (Pragmatic) Communication Disorder” and asks not to have to meet with customers again as...more

7/8/2013 - Age Discrimination Compliance Discrimination Employee Benefits Employee Rights Employer Liability Issues Employer Mandates Handbooks Health Insurance Healthcare Mental Health Mental Illness Psychological Counseling PTSD

Labor Letter, January 2013: Has The NLRB Outlawed Courtesy?

The National Labor Relations Board (NLRB) has attracted attention in recent years for its scrutiny of employer rules and policies regulating conduct of employees – including employees who are not represented by unions or...more

1/12/2013 - Appropriate Business Decorum Costco Courtesy Policy Employee Handbooks Facebook Karl Knauz Motors NLRA NLRB Protected Concerted Activity Section 7 Social Media Social Media Policy

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