W Law

10/02/2023

https://wlawinc.com/answers/2023/8/21/what-is-the-difference-between-pto-and-sick-days

This post discusses some basic differences between paid time off and California’s paid sick leave.

09/29/2023

https://wlawinc.com/answers/2023/8/22/does-your-employer-have-to-pay-you-for-mandatory-meetings

This post discusses nonexempt employee compensation for attending mandatory meetings.

09/26/2023

https://wlawinc.com/answers/2023/8/18/can-your-employer-make-you-work-off-the-clock

This article is about nonexempt employees working off the clock in California.

06/16/2022

California employee PAGA arbitrations and the Viking River case.

https://bit.ly/3Qr5zWI

07/08/2015

http://jasonwhooper.com/california-dog-bites/

Pursuant to California Civil Code § 3342, California generally holds dog owners strictly liable when their dogs bite or attack people who are in a public place or lawfully on private property. In other words, a victim need only prove the dog bite occurred and the damages caused by the bite to recov…

07/02/2015

http://jasonwhooper.com/can-non-exempt-employees-waive-overtime-minimum-wage/

Today I read a Time.com Q&A with Alison Green answering what to do if an interviewer asks an interviewee if the interviewee would work overtime at the regular pay rate without being dismissed from consideration. Green hit the nail right on the head by opining that employers asking that question are…

06/30/2015

http://jasonwhooper.com/overtime-overhaul-low-level-managers/

The White House announced yesterday that it will seek to raise the federal manager exemption threshold for overtime pay from $23,660 per year, up to $50,400 per year in 2016. This would extend overtime protections to approximately $5 million workers nationally. How this will affect the work force…

02/15/2015

http://bit.ly/1vLC4DW

The law recognizes a need for personal injury defense attorneys to engage in due diligence and authenticate or exclude injuries claimed by plaintiffs. Accordingly, the Discovery Act provides personal injury defendants an opportunity to have a physical examination of a plaintiff, pursuant to Cal. Co…

02/08/2015

http://jasonwhooper.com/holiday-weekend-litigation-deadlines/

For years, on the rare occasion when a weekend or holiday deadline to perform something in litigation with another attorney or the court loomed, I would make sure to perform the task or act on the day before the weekend and/or holiday at the latest. I suppose this still remains the safest policy. …

02/07/2015

http://bit.ly/1yUqthw

A split shift is a work schedule interrupted by non-working periods outside of a rest or meal period. Rest periods are generally 10 minutes. A meal period must be at least 30 minutes. The California Department of Industrial Relations generally treats anything longer than an hour as not a bona fid…

07/30/2013

"Sunlight is said to be the best of disinfectants..." -Justice Louis D. Brandeis- http://www.utsandiego.com/news/2013/jul/22/gloria-allred-case-histories/

As well known as the celebrities in the high-profile cases she takes on, Gloria Allred is a super-lawyer.

06/19/2013

Employee vs independent contractor is determined by the purported employer's level of control not labels. http://www.utsandiego.com/news/2013/jun/18/newspaper-carriers-ut-sandiego-jobs/

U-T San Diego must pay a group of former newspaper carriers $3.18 million.