The Law at Work: Foreign trainer qualifies as temporary business visitor under uncapped visa program
The H-1B program (capped at 65,000 visas per fiscal year) allows U.S. companies to temporarily employ foreign workers in occupations that require…
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The Law at Work: Who is joint employer under federal employment discrimination law?
Growers that use temporary or seasonal foreign guest workers must provide those workers with clean and safe housing and transportation to and from…
April 3rd, 2019 | Categories: Employment Law
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The Law at Work: Employee selection an artistic expression in Eddie Money case
The California Appeal recently ruled that a popular singer’s selection or rejection of a drummer for his band is a constitutionally protected…
March 15th, 2019 | Categories: Articles & Publications, Employment Law
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The Law at Work: Employer that misclassifies employee as exempt faces liability for overtime pay based on employee’s estimate of hours
A California employee is presumed to be entitled to overtime pay for more than eight hours of work a day or more than 40 hours of work a week…
March 15th, 2019 | Categories: Articles & Publications, Employment Law
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The Law at Work: Must you tell a prospective employer that you fired a former employee for sexual harassment?
In light of current events, there are many new laws encouraging the transparency of sexual harassment claims. In his The Law at Work column in the…
March 7th, 2019 | Categories: Employment Law
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The Law at Work: Officer of Employer May Be Liable for Unpaid Wage Penalties and Fees
A corporate officer is rarely legally responsible for paying damages to injured employees. A corporate officer, for example, generally is not…
February 5th, 2019 | Categories: Employment Law
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The Law at Work in 2018
SCMV Shareholder and Employment Law Group Leader Dan Eaton shares with San Diego Union-Tribune readers critical employment law information in his…
January 30th, 2019 | Categories: Employment Law
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The Law at Work: What every California employer must do at the start of 2019
In his first The Law at Work Column of the new year in the San Diego Union-Tribune, Shareholder Dan Eaton shares six things every California…
January 28th, 2019 | Categories: Employment Law
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The Law at Work: What are ‘hours worked’ that must be paid?
California work orders regulating wages and hours define “hours worked” as “the time during which an employee is subject to the…
January 4th, 2019 | Categories: Employment Law
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The Law at Work: Is California’s strong policy against enforcing non–compete agreements less than meets the eye?
For about 150 years, non-compete agreements generally have been unenforceable in California, unlike in most other states. Beginning at Section…