Hopkins & Carley

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

  • 408-286-9800

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

Can An Employer Ban Negativity In The Workplace? Not According To The NLRB

Over the last few years we have written about the increasing relevance of the National Labor Relations Board (“NLRB”) for non-union employers. Earlier this month, the NLRB issued two more opinions that are directly applicable…more
| Labor & Employment Law

New Bay Area Commuter Benefits Program Imposes Obligations on Employers

The California Legislature enacted the Bay Area Commuter Benefits Program in 2012 to require certain employers to provide financial incentives to employees to commute to and from work via some means other than driving alone. …more
| Labor & Employment Law, Taxation

May an Employer Request a Fitness for Duty Exam After an FMLA Leave?

When an employee goes out on an approved medical leave and returns to work following the leave, employers sometimes question whether the employee is ready to return to the workplace. Most employers correctly request a release…more
| Labor & Employment Law

"Legendary" Case Confirms Guarantor's Independent Liability

In a published and precedent establishing case, the California Court of Appeal recently confirmed a guarantor’s separate and independent liability to a lender even if the borrower’s own liability has been discharged or forgiven…more
| Commercial Law & Contracts, Finance & Banking

Employment Law Advisory for March 5, 2014: San Francisco Follows Emerging Trend, Restricts Use of Criminal Records by Employers

On February 17, 2014, San Francisco passed a new law, the Fair Chance Ordinance, that follows an emerging trend and restricts an employer’s ability to seek and utilize information regarding the criminal records of applicants and…more
| Civil Rights, Labor & Employment Law
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Areas of Practice
  • Administrative Law
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Commercial Law & Contracts
  • Construction Law
  • Debtor/Creditor
  • Environmental Law
  • Finance & Banking
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Real Estate
  • Securities Law
  • Taxation
  • Toxic Torts
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
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Locations
Other U.S. Locations
  • California
Number of Attorneys

50-100 Attorneys

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