It’s Time to Revisit Commission Pay for California Employees: Commissions Earned Must be Paid Twice Per Month and the Commissioned Sales Exemption Gets Harder to Meet

You may have just started breathing easier after rolling out written commission agreements to comply with California Labor Code section 2751.  However, a recent unanimous California Supreme Court decision has heads turning and tongues wagging once again on this topic.  Continue reading

50 For 50: Five Decades Of The Most Important Employment Discrimination Decisions

Number 50: What Happens When a Boss “Likes” An Employee a Little Too Much?

As we conclude this 50 For 50 series, we look to the future of employment law.  As we see it, the biggest change in the workplace has been the emergence of social media.  According to recent surveys, nearly three-quarters of American adults use social media at work and one-third of those surveyed would refuse a job offer if they knew social media sites would be blocked at work.     Continue reading

50 For 50: Five Decades Of The Most Important Employment Discrimination Decisions

Number 49: EEOC Takes On Background Checks

Throughout this series, we have touched on facially neutral policies which, although not motivated by unlawful discrimination, have a discriminatory effect on certain protected classes.  For over 40 years, the courts have recognized this so-called “disparate impact” theory of discrimination. Continue reading