Hopkins & Carley

The Letitia Building 70 South First Street
San Jose, CA 95113, United States

  • 408-286-9800

Franchisor Not Liable for Sexual Harassment of Franchisee's Employee under FEHA

In Patterson v. Domino's Pizza, LLC, the California Supreme Court took on the issue of whether a franchisor is an "employer" of its franchisee's employees under the Fair Employment and Housing Act ("FEHA") and therefore legally…more
| Civil Rights, Labor & Employment Law, Franchise Law

California Legislature Passes Bill for Paid Sick Leave, and Bill Expanding Potential Penalties for Minimum Wage Violations

On August 30, 2014, California became the first state in the nation to pass a law requiring all employers to provide paid sick leave to most employees. Assembly Bill 1522, which will become fully effective on July 1, 2015,…more
| Labor & Employment Law

Tuolumne Jobs Case

The California Supreme Court has just issued an opinion which may encourage the use of initiatives. At issue in the case was an initiative to adopt a specific plan to streamline approval for construction and operation of a…more
| Civil Procedure, Elections & Politics, Environmental Law, Zoning, Planning & Land Use, Real Estate - Commercial

Employers May Be Obligated to Reimburse Employees for Their Use of Personal Cell Phones While Carrying Out Job Duties

This week the California Court of Appeal in Cochran v. Schwan’s Home Service, Inc. ruled that an employer must always reimburse an employee for the reasonable expense of the mandatory use of a personal cell phone. Most…more
| Labor & Employment Law

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
| Labor & Employment Law

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 that…more
| Labor & Employment Law

Preserving The Right To Foreclose After Accepting A Deed In Lieu

When a lender seeks to foreclose under a deed of trust, often a borrower who does not have the resources or incentive to resist the foreclosure will offer the lender a deed in lieu of foreclosure. This can be an attractive…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Real Estate - Residential

Remember to Calculate Overtime Pay Based on Your Employees' "Regular Rate of Pay"

When a non-exempt employee is entitled to overtime compensation, the hourly rate of pay from which the overtime compensation is calculated is known as the employee's "regular rate of pay." If an employee subject to California’s…more
| Labor & Employment Law

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

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, contained…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Conflict of Laws, Labor & Employment Law

Is Telecommuting Now a Reasonable Accommodation?

The laws prohibiting disability discrimination impose obligations on employers which go far beyond the mere avoidance of discrimination. In addition to refraining from discrimination, employers must also provide reasonable…more
| Civil Rights, Labor & Employment Law

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
| Civil Rights, Commercial Law & Contracts, Labor & Employment Law

As Summer Hiring Season Approaches, Employers Should Be Aware of Wage Payment Rules for Interns

Continued sluggishness in some sectors of our economy has left many students and recent college graduates without jobs and willing to consider working as unpaid “interns” in order to gain experience and connections in business. …more
| Labor & Employment Law

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
| Civil Rights, Commercial Law & Contracts, Labor & Employment Law, Finance & Banking, Securities Law

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
| Labor & Employment Law

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 years,…more
| Labor & Employment Law
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Areas of Practice
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Other U.S. Locations
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Number of Attorneys

50-100 Attorneys

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