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The California Court of Appeal recently held this month in Alamo v. Practice Management Information that a wrongfully terminated employee must prove that illegal discrimination was a “substantial factor motivating” the termination of employment or other adverse employment action. This means that the defendant employer in such an action may use a “mixed-motive” defense by…

The recession has hit restaurant owners very hard. The last thing that anyone wants to do after losing their job is to eat out. Restaurants know this, and in order to survive, or at least continue making profits, a restaurant owner not only has to cut its food costs but also to cut its employee…

When an employer sponsors a foreign worker for permanent residence (PERM) or a work visa, like the H-1, L-1, E-1, E-2, or O-1 visa, it certifies under penalty of perjury to the U.S. Citizenship and Immigration Services, U.S. Department of Labor, and/or Secretary of State that it will pay the foreign worker a certain wage.…

Business is slow. Things are not working out. Or whatever other excuse you gave when firing your employee was not enough to prevent him or her from hiring a labor law attorney to sue you and your company for various labor law violations and maybe even for wrongful termination. Many of my employer clients complain…

Hours worked on holidays, Saturdays, and Sundays are treated like hours worked on any other day of the week. California law does not require that an employer provide its employees with paid holidays, that it close its business on any holiday, or that employees be given the day off for any particular holiday. If an…

With the U.S. Supreme Court recently striking down key provisions of the Defense of Marriage Act and overturning California’s Proposition 8 ban on gay marriages, countless numbers of same-sex couples have already gotten married and if not, are happily planning their future weddings. A significant number of those will likely want to file green card…

In Harris v. City of Santa Monica, the California Supreme Court recently held in February 2013 that when an employer proves that it had a non-discriminatory reason to terminate an employee, even if the employee proves that discrimination was a substantial factor in the termination, the employee cannot be awarded damages, backpay, or reinstatement. However,…

In light of the present budget crisis crippling our court system, it is taking longer and longer for a litigant to have their day in court. The local Los Angeles County courts are setting trial dates as far out as two years after the complaint was filed. And, if a litigant needs to file a…

One of the most common issues litigated in lawsuits for unpaid overtime wages is determining who is the “employer.” This commonly arises when the owner of the business paid the employee’s wages partially or completely in cash, but the business where the employee was working is actually owned and operated by a corporation. Defense attorneys…

The Wage Theft Prevention Act of 2011 (“WTPA”) added a new section to the Labor Code which as of January 1, 2012 requires certain employers to provide each new non-exempt employee with a written notice at the time of hiring which contains the following information: (1) the employee’s pay rate or pay rates, and basis…