Burkhalter Kessler Clement & George LLP
Toll Free: 866-454-2281
Main Nav

Employment Litigation Archives

Former college professor files employment litigation claim

Many California college professors understand the meaning of non-tenured work. Some have faced challenges regarding one-year contracts, such as a now former-professor in another state. Under such agreements, a college can decline to renew said contracts without giving explanation of their decisions to their employees. This has led some, including the man in another state, to believe administrators are using this as a loophole to prevent employees from gaining tenure, which may then lead to employment litigation.

Jury duty led to one man's employment litigation

In California and all other states, those summoned for jury duty may have to miss work. It's par for the course insofar as civic duties are concerned, and most employers are used to granting days off when workers receive their selection notices in the mail. For one man, however, the experience did not play out quite like he thought it would.  After fulfilling his civic duty, he was fired from his job and has since commenced employment litigation against his former employer.

Employment litigation may be needed if disputes remain unresolved

Employment and labor laws can be quite complex and are often subject to change. Many California workers know what it's like to be wrongfully terminated or discover improper deductions from their paychecks. Such issues often lead to disagreements that, when involved parties are unable to resolve, lead to employment litigation.

Mandatory Class Action Waivers in Arbitration Agreements Are Now Prohibited in California

In a recent decision, which affects all employers in California, the Federal Ninth Circuit Court of Appeals in the case of Morris v. Ernst & Young, LLP, --- F.3d ---- (2016) recently outlawed the use of mandatory class action waivers in arbitration agreements in California.

Employer Best Practices: Why You Should Track Your Exempt Employees' Time

Under the Fair Labor Standards Act ("FLSA"), employers must track and record time for non-exempt (i.e., overtime-eligible) employees. To be classified as exempt, the employee's job generally must satisfy both a salary basis test and a duties basis test. Exempt employees generally must be paid on a salary basis, meaning they must be paid a fixed salary pay period. The U.S. Department of Labor (DOL) enforces regulations that define the salary basis requirement to satisfy the exempt status tests. Exempt, Administrative, Executive, and Professional employees must be paid a predetermined amount each pay period that is at least the minimum weekly salary required by the regulations. The current federal minimum is $455 per week, but will increase to $913 per week on December 1, 2016; however some states require a higher minimum weekly salary to satisfy this test. The amount paid may not be reduced because of a variation in the quality or quantity of the work performed.

My Employees Are Bad Mouthing My Company on Facebook - I Can Fire Them, Right?!

It is becoming increasingly common for disgruntled employees to air their employer's dirty laundry on social media sites like Facebook, and in so doing, publicly share unflattering information about his or her employer that it wants to remain private. For example, an employee might post on Facebook that his "boss is a jerk", that the company treats its clients poorly, or even discriminates against certain classes of employees or customers. In response to an employee's public disclosure on social media of unflattering company information, employers may want to terminate their loose-lipped employees. However, would such a termination be lawful?

Determining whether employment litigation is necessary

California employers face a number of challenges on any given day in the workplace. Maintaining amicable and appropriate relationships with employees is typically a priority to keep things running smoothly and productivity and profit levels high. When a worker files a complaint or claims an employer has been unjust, stressful situations may evolve that lead to employment litigation.

California gig workers involved in employment litigation

Across the country, new businesses are popping up which connect customers to services through apps. Uber, for example, connects drivers with local people in need of rides by using an app which also automatically collects the fee for the ride. However, the drivers and other people who provide these services are becoming increasingly dissatisfied with the way they are treated as contractors, or gig workers. In California and other states, this has led to employment litigation.

Woman involved in employment litigation outside California

Business owners and employees in California typically hope to avoid all matters of contention when addressing issues involved in the process of hiring and firing. There have been many situations, however, in which employees have claimed they have been unjustly discriminated against by their employers. Some incidents seem to involve racial discrimination, while others involve alleged retaliation for blowing the whistle on various wrongdoings in the workplace. Many of these situations lead to employment litigation when amicable resolutions seem impossible to achieve outside the courtroom.

Employment litigation and paid parental leave

It is not uncommon, in light of current economic pressures, for employers to determine that they must lay-off one or more workers in order to reduce costs and maintain a company's ability to operate. It is also not uncommon that such actions often result in legal challenges for employers when they find themselves facing wrongful termination claims. With regard to parental leave and similar issues, there are laws and regulations that govern such matters. California business owners concerned about possible employment litigation often turn to experienced business and commercial law attorneys for guidance.

contact information

Burkhalter Kessler Clement & George LLP
2020 Main Street, Suite 600
Irvine, CA 92614

Phone: 949-975-7500
Fax: 949-975-7501
Irvine Law Office Map

Burkhalter Kessler Clement & George LLP
340 North Westlake Blvd, Suite 110
Westlake Village, CA 91362

Phone: 805-373-1500
Fax: 805-373-1503
Westlake Village Law Office Map

BKCG - Burkhalter Kessler Clement & George LLP