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Category Archives: JOBS Act

Rest Break ≠ On-Call

Employment rights have long been a fertile source of conflict in California courts, which have been trying to find a proper balance between the interests of the employer and those of the employees. The most recent skirmish was in December 2016. The California Supreme Court restored a $90 million judgment against ABM Security Services. Security […]

Cell Time

Employers have long known that they have to reimburse employees for out-of-pocket expenses like mileage or meals with clients. Now employers can add cell phone costs, when an employee uses his or her own cell phone and plan.
Employers have long provided landlines and cell phones to their employees. However, cell phones are already in nearly every pocket or backpack. Employers are increasingly relying on the employees’ personal phones for contact, even if the employee is not regularly out in the field.

Cal. Lab. Code § 2802(a) states: “An employer shall indemnify his or her employee for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties, or of his or her obedience to the directions of the employer . . . .”
Cal. Lab. Code § 2802(c) defines “necessary expenditures” as “all reasonable costs, including, but not limited to, attorney’s fees incurred by the employee enforcing the rights granted by this section.”

In August, 2014, the Second District Court of Appeals in California ruled that employers have to reimburse employees who use their own cell phones as part of their job.

Employment Law Update – How up to date are you?

By Daniel Richardson   Is your employee handbook up to date? An up to date employee handbook is important because it outlines for the employee the employer’s policies and procedures as well as establishing the expected standards. Using an employee handbook from the outset of the employment relationship to establish expected standards can be invaluable […]

Employment Law Update – How up to date are you?

By Daniel Richardson   Is your employee handbook up to date? An up to date employee handbook is important because it outlines for the employee the employer’s policies and procedures as well as establishing the expected standards. Using an employee handbook from the outset of the employment relationship to establish expected standards can be invaluable […]

Crowdfunding Your Business – An Intro to Title III of the JOBS Act

By Daniel Richardson On April 5, 2012, the Jumpstart Our Business Startups Act (JOBS Act) became law. The JOBS Act seeks to “increase job creation and economic growth by improving access to the public capital markets for emerging growth companies.”[1] Title III of the JOBS Act or the “Capital Raising Online While Deterring Fraud and […]

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