EVERYTHING WE NEED TO KNOW WE LEARNED FROM TELEVISION

The best way to explain California?s white collar exemption rules is by example.  Why certain employees can be paid set salaries while others must receive overtime only makes sense when you point to specific, relatable people and then describe exactly what about their jobs makes them exempt (i.e., salaried) or non-exempt (i.e., entitled to overtime).  The problem is common frames of reference:  where can you find employees who are known and recognized beyond their own provincial workplaces?   The answer, of course, is television. 

THE DEVIL IS IN THE DETAILS

Mark Twain said that the difference between the right word and the almost right word is like the difference between lighting and a lightning bug.  Nowhere is that maxim more apparent than in the law that governs the non-compete agreements that are typically entered into by buyers and sellers of businesses in California.  As recent case law illustrates, if buyers are not meticulous in drafting the agreements, they risk having them voided and then having to compete directly with sellers for the same business.

KEEP YOUR HANDS ON THE WHEEL 

On September 15, 2006, Governor Arnold Schwarzenegger signed legislation that will make California the fourth state to require motorists to use "hands-free" devices for cell phones while driving. 

ADVANCE AT YOUR OWN RISK 

Score another victory forCalifornia employers in the ongoing battle over whether they can charge back advances against future commissions.  In the recent case of Koehl v. Verio, Inc., a California appellate court reaffirmed employers? right to charge back commission advances, and provided helpful guidelines about the circumstances under which charge-backs will be upheld.

LIABILITY LIMITS TAKE A VACATION 

Just in time for the holidays, a recent decision by a California appellate court may dramatically expand employer liability for unpaid employee vacation.