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Doug Larsen

California HR

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Don't Play Loose with Independent Contractors

California does not make life easy for business owners.  In October 2011 our state leaders enacted SB 459 which creates Labor Code section 226.8 and becomes effective on January 1, 2012.  This law imposes a fine between $5,000 and $15,000 on any person or employer who:  (1) Wilfully misclassifying a worker as an independent contractor; or (2) charging a fee for making a deduction from the worker's compensation for any purpose if doing so would have been prohibited if the worker had been properly classified as an employee.  The penalties incr

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How Often Can An Employer Harass Before It Becomes Unlawful?

An interesting question isn't it?  One court recently said that three times was not too much harassment in a 4-year period.  Brennan v. Townsend & O'Leary Enterprises, Inc.,

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Did You Ever Want To Sue Your Employee Or Ex-Employee?

That is exactly what Nicholas Labs did.  It sued its former employee, Christopher Chen, for competing with the company when he was in the company's employ.  The company concluded that Mr. Chen diverted business opportunities away from Nicholas Labs to his own business. 

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Oral Arguments Scheduled in Brinker

The Supreme Court has announced that on November 8, 2011, three years after taking the case, oral arguments will be held.  What the court does in this case will have substantial impact. 

The parties to the case can't even come to terms on the nature of the issues to be addressed by the court.  Of course, we are all very interested to learn whether an employer must ensure that an employee take his/her meal period or whether an employer complies with the law simply by making the meal period available to the employee. 

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