Orange County Employment Law Blog
Don’t Leave Your RSUs on the Table: What Executives Need to Know Before Signing a Separation Agreement
When a separation agreement lands on your desk, the instinct is to focus on the headline number: the cash severance. How many weeks of salary, whether benefits continue, and what conditions are attached. That focus is understandable. It is also incomplete. If...
The Employer’s Severance Playbook: Why You Need Someone Who Has Read It
Most people facing termination have never negotiated a severance agreement before. Their employer has. That imbalance alone is reason enough to pause before signing anything, but what I recently uncovered makes the case even more plainly. I've spent years negotiating...
Ninth Circuit Holds Mortgage Underwriters Entitled to Overtime Pay Under FLSA
In McKeen-Chaplin v. Provident Savings Bank, ___ F.3d ___ (9th Cir. July 5, 2017), the Ninth Circuit Court of Appeals reversed the grant of summary judgment by the U.S. District Court for the Eastern District of California (Judge Burrell) in favor of defendant. The...
California Supreme Court Confirms that Employees May Be Required to Work for Twelve Days Straight Without a Day Off
In Mendoza v. Nordstrom, Inc., ___ Cal.4th ___ (May 8, 2016), the California Supreme Court provided much-needed guidance to employers and employees alike concerning a number of questions about California’s “day of rest” statutes. California Labor Code Section 551...
Courts Continue to Deny Arbitration of PAGA Claims
In Hernandez v. Ross Stores, ___ Cal.App.4th ___ (January 3, 2016), the California Court of Appeal (Fourth Appellate District, Division Two) affirmed the order of the San Bernardino County Superior Court (Judges Waters and Riemer) denying defendant employer’s motion...
“Honest Belief” Defense to CFRA Claim an Unsettled Question
In Richey v. Autonation, Inc., ___ Cal.4th ___ (January 29, 2015), the California Supreme Court upheld the order of the Los Angeles County Superior Court (Judge Mackey) refusing to vacate an arbitrator’s award to defendant on plaintiff’s claims under the California...
On-Call Rest Breaks for Security Guards are Permissible
In Augustus v. ABM Security Services, Inc., ___ Cal.App.4th ___ (January 29, 2015), the California Court of Appeal (Second Appellate District, Division One) reversed the order of the Los Angeles County Superior Court (Judge Wiley) granting summary judgment on behalf...
Agreement to Arbitrate in Employment Application Held Sufficient to Compel Arbitration of Claims
In Cruise v. Kroger Co., ___ Cal.App.4th ___ (January 20, 2015), the California Court of Appeal (Second Appellate District, Division Three) reversed the order of the Los Angeles County Superior Court (Judge Bruguera) denying defendants’ motion to compel arbitration...
On-Call Time for Security Guards, Including Time Spent Sleeping, is Compensable
In Mendiola v. CPS Security Solutions, ___ Cal.4th ___ (January 8, 2015), the California Supreme Court upheld the order of the Los Angeles County Superior Court (Judge Johnson) granting summary judgment in favor of plaintiffs on their declaratory relief claim that...
Removal of Truck Drivers’ Class Action Under CAFA was Proper
In LaCross v. Knight Transportation, ___ F.3d ___ (9th Cir. January 8, 2015), the Ninth Circuit Court of Appeals reversed the order of the U.S. District Court for the Central District of California (Judge Bernal) remanding a putative wage and hour class action to...