California Labor & Employment Law Blog

Supreme Court Rules That Pharmaceutical Sales Reps are Exempt Outside Salespersons

June 18, 2012 - 10:37 AM

By: Robin E. Largent

Today the United States Supreme Court issued its decision in Christopher v. SmithKline Beecham, holding that pharmaceutical sales representatives are exempt outside salespersons under the federal Fair Labor Standards Act (FLSA).  This is a very favorable decision for the pharmaceutical sales industry, which has been plagued with class action lawsuits seeking overtime compensation for...
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DHS to Give Work Permits to Certain Undocumented Individuals

June 18, 2012 - 9:34 AM

The U.S. Department of Homeland Security (DHS) made a major announcement Friday, indicating that beginning sometime in the next 60 days, certain undocumented individuals who have continuously resided in the U.S. for at least 5 years will be eligible for deferred action from deportation and will be given work permits for 2 years.  And their...
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Immigration in a Nutshell: What Every Employer Should Know

June 7, 2012 - 11:49 AM

On June 20, 2012, from 10:00a.m. -11:00 a.m. (PDT), CDF Immigration Practice Group Chair Greg Berk will be hosting a complimentary webinar on Immigration in a Nutshell:  What Every Employer Should Know.  This webinar will cover the most pressing and current immigration information employers need to know in...
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California Court Holds That Concepcion Invalidates Gentry

June 4, 2012 - 1:39 PM

By: Robin E. Largent

Today a California court issued the first published state court decision addressing whether the United States Supreme Court's decision in AT&T Mobility v Concepcion invalidates the California Supreme Court's decision in Gentry v. Superior Court, addressing the enforceability of class action waivers in employment arbitration agreements.   In a very...
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NLRB Issues Memo on Social Media Policies

May 30, 2012 - 11:56 AM

By: Robin E. Largent

Today, Acting General Counsel of the NLRB, Lafe Solomon, issued a report on findings from cases addressing the legality of various employers' social media policies.  The NLRB report is the third NLRB report addressing social media issues, with two prior reports having been issued in August 2011 and January 2012.  Whereas the prior reports dealt...
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Ninth Circuit:  Medical Marijuana Use Not Protected by ADA

May 24, 2012 - 11:55 AM

By: Robin E. Largent

In Ross v. Ragingwire, the California Supreme Court held that an employer may lawully terminate an employe (or refuse to hire an applicant) who tests positive for marijuana, even if the marijuana use if for lawful medical purposes under California law.  This week the Ninth Circuit held that the ADA similarly does not...
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San Jose Considering Double Digit Minimum Wage

May 18, 2012 - 11:12 AM

By: Mark S. Spring

Following in the footsteps of San Francisco, the city of San Jose is considering raising the minimum wage for all work performed in the city limits to $10 an hour, with automatic annual increases based on inflation (consumer price increase).  The Council will vote on the proposed ordinance Tuesday, May 22.  If you have...
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ICE Releases New STEM List for Foreign National Graduates

May 17, 2012 - 8:39 AM

U.S. Immigration & Customs Enforcement released an updated list of college majors that will qualify for an extension of the Optional Practical Training (OPT) work permit after a foreign national graduates college.  Those students majoring in science, technology, engineering, and math (STEM) can qualify for a 17 month extension of their work permit, beyond...
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Cal Labor Law

Robin E. Largent is a Partner in CDF’s Sacramento office and may be reached at 916.361.0991 or BIO »

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