Posts by Albert Stoll
Unsafe Left Turns: A hazard to San Francisco bicycle riders.
Left Turn Bike Accident animation. This video illustrates one of the most common hazards to bike riders in San Francisco. The inattentive or careless driver who turns left in front of a bicycle rider proceeding straight.
Read MoreLitigation Over Noncompete Agreements Up 61%
According to the Wall Street Journal, litigation over noncompete agreements has risen 61%in the past decade – a number that may be low considering most cases are settled out of court and not reported. Long considered the standard for senior management employment contracts, noncompetes are becoming increasingly common at all levels of employment as a…
Read MoreMinimum Wage Violations Now Also Enforced by Labor Commissioner
Assembly Bill 240 this bill amends California Labor Code Section 98 and 1194.2 and allows employees to recover liquidated damages in labor Commissioner proceedings for claims alleging they they were paid less than California’s minimum wage. Existing law had allowed liquidated damages, for minimum wage violations, only in a civil court action. Now employees and…
Read MoreCalifornia Expands Workplace Law By Clarifying Gender Classification
A new California employment law expands the protections under California’s FEHA by clarifying that the gender classification in both FEHA and the Unruh Civil Rights act include both gender identity and gender expression as protected categories. Gender expression is defined under the statute as a person’s gender related appearance and behavior, whether or not stereotypically…
Read MoreCalifornia Expands Law Prohibiting Discrimination Based on Genetic Information
The California Fair Employment and Housing Act and Unruh Civil Rights act were recently expanded by California Senate Bill 559 to prohibit discrimination based on genetic information. The FEHA and Unruh Civil Rights Act now also prohibit employers from seeking information regarding: 1. An individual’s genetic tests; 2. Genetic tests of the individual’s family members;…
Read MoreOutlook for 2013: The New Year
I have been reading Sam Walton Made in America My Story by Sam Walton with John Huey. David Glass is quoted at page 39 as follows: “Two things about Sam Walton distinguish him from almost everyone else I know. First, he gets up every day bound and determined to improve something. Second, he is less…
Read MoreAge Discrimination in Employment Act of 1967 (ADEA)
The law applies to employers with 20 or more employees. An employee who is at least 40 years old is in a protected class and can bring an age discrimination claim if an employer took an adverse employment action against that person based on their age. Age discrimination against younger workers in favor of older…
Read MoreSeverance Agreement Tax and ERSA Pitfalls
Just read Separation Agreements: Breaking Up Is Hard To Do by Daniel R. Brice and Jonathan M. Cerrito the Tax and ERISA compliance pitfalls of servance agreements.
Read MoreRetaliation
Retaliation is illegal
Read MoreSurvey Says: Cell Phone Use is Biggest Safety Risk on the Road
The California Office of Traffic Safety recently released the results of a survey. According to the results of the survey, the three biggest safety problems on our roadways are (1) Talking on the cell phone, (2) Texting on the cell phone, and (3) Speeding and aggressive driving. The survey results show that talking on the cell…
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