Employment Law

At Seltzer Caplan McMahon Vitek, we recognize how important it is for our business clients to have a stable and loyal workforce. Our employment law attorneys work to ensure that clients deal correctly and reasonably with their human resources challenges.

We provide strategic legal advice and services to help employers minimize the risk of litigation through effective workplace strategies and solutions. SCMV focuses on addressing litigation risk in clients’ formation and on-going management of employee relationships, and successfully resolves actual or threatened litigation through strategic planning and negotiation. However, when litigation cannot be avoided, we bring a wealth of experience to forcefully pursue or defend our clients’ claims in trial or arbitration.

Our attorneys have successfully represented clients before California and federal administrative agencies and courts, including defending wage and hour claims, and claims of wrongful discharge and sexual harassment charges. We collaborate, as needed, with SCMV business attorneys on matters such as contracts and compensation and counsel employers on individual terminations, reductions-in-force, and the other challenges that employers face employers.

While our clients are typically California employers, we also provide employment law services to clients in other states, often working with our colleagues in the Law Firm Alliance.

News

What Trump’s election means to California employers

Donald Trump’s return to the presidency means dramatic changes in the law are coming. Those changes will be greatest in areas over which the federal government has exclusive authority under…

Learn More

In California, employers must give you time off to vote. Here’s how that works

Tuesday is Election Day. Polls are open in California from 7 a.m. to 8 p.m. California employers must give an employee up to two hours of paid time off to vote if the employee is scheduled to be at…

Learn More

3 reasons San Diegans should care about the Prop. 32 minimum wage increase

Proposition 32 would increase California’s hourly minimum wage from $16 to $17 for employees working for employers — public and private — with 26 or more employees for the rest of…

Learn More

Mandatory employer meetings about employer’s religious, political views barred

Starting Jan. 1, almost all California public and private employers will be prohibited from disciplining, or threatening to discipline, employees who refuse to attend meetings to communicate…

Learn More

Talking politics in the office. What’s allowed under the law

I first addressed the legality of employer regulation of employee political activity in my first Law at Work column eight years ago. The political environment is as polarized now as it was then. In…

Learn More

California voters to consider ending involuntary prison work

Neither the U.S. nor the California Constitution completely prohibits involuntary servitude, broadly defined as forced work under threat of punishment. The 13th Amendment to the U.S. Constitution,…

Learn More

What job-protected leave for school activities means

Schools are back in session across San Diego County. California law entitles parents of kids in kindergarten through 12th grade to time off from their jobs at larger employers to support their…

Learn More

SCMV Applauds the 12 Attorneys Honored by Best Lawyers 2025

Seltzer Caplan McMahon Vitek is pleased to share that 11 of the firm’s attorneys returned to The Best Lawyers in America® list, representing a diverse cross-section of practices and…

Learn More

Coworkers one-time slur may be unlawful harassment

Workplace harassment is unlawful under California’s Fair Employment and Housing Act (FEHA) if it is because of an employee’s membership in a protected class, such as race or gender, and…

Learn More

AI vendor with biased algorithm may be liable for employment discrimination

May a rejected applicant sue an outside vendor directly for employment discrimination where the vendor’s artificial intelligence platform embedded on a prospective employer’s website…

Learn More

Citizen may challenge employer over preference for noncitizens

About 50 years ago, the U.S. Supreme Court held that Title VII of the Civil Rights Act of 1964 does not prohibit employment discrimination based on citizenship, except where citizenship…

Learn More

California’s gig worker law survives court challenge

Assembly Bill 5 is here to stay. An 11-judge panel of the U.S. Court of Appeals for the Ninth Circuit unanimously ruled recently that the California legislature did not act unconstitutionally in…

Learn More

A new obstacle for DEI programs?

An employee claiming unlawful discrimination based on race, sex, etc. also must show they were subject to an adverse employment action. Most courts, including California courts, have ruled the…

Learn More

Updates on workplace violence prevention, AI rules, right to disconnect

Here’s a mid-year update of topics addressed in earlier columns. Workplace violence prevention plan July 1 deadline My Jan. 1 column addressed new Labor Code section 6401.9 that requires…

Learn More

EEOC issues new workplace harassment guidance

The focus of this, my 200th column, is workplace harassment. The U.S. Equal Employment Opportunity Commission, which enforces federal employment discrimination laws, just issued comprehensive…

Learn More

The Californization of federal labor laws

If they survive court challenges, new federal rules addressing independent contractor status, farmworker rights, and non-compete agreements will extend to workers nationwide some rights California…

Learn More

Why a proposed California law that would give you the right to ignore your boss’ after-hours communications hours is flawed

Everyone appreciates a break from work. Assemblymember Matt Haney recently introduced AB 2751, which would give all employees, except those covered by a valid collective bargaining agreement, the…

Learn More

Must employees be paid for time spent undergoing exit security process?

Must employees be paid for time spent on employer premises in their personal vehicles while waiting to scan an identification badge, with guards then peering into their vehicles before the…

Learn More

Six SCMV Attorneys Included on San Diego Super Lawyers 2024 Lists

Seltzer Caplan McMahon Vitek is pleased to announce that six attorneys at the firm were named to the San Diego Super Lawyers or Super Lawyers Rising Stars lists this year. Representing a diverse…

Learn More

One step closer to student-athlete labor unions?

March Madness is a fitting time to focus on recent legal activity in the longstanding dispute over whether college athletes should be treated as employees. The latest development concerns the…

Learn More

3 ways the pandemic left its mark on law in the workplace

On March 19, 2020, Gov. Gavin Newsom ordered all Californians except those working in “federal critical infrastructure sectors” to stay home due to the COVID-19 emergency. Nearly four…

Learn More

Employee claiming sexual misconduct can opt out of predispute artbitration agreement

In 2022, Congress enacted the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, which went into effect March 3, 2022. The act entitles someone who files a complaint in court…

Learn More

Is it unlawful discrimination to not promote an employee who works remotely?

California law requires employers with five or more employees to provide interactive sexual harassment training to their employees annually. I generally open my trainings with a statement that…

Learn More

US Labor Department’s new independent contractor test

On Jan. 10, the U.S. Department of Labor (DOL) published final regulatory guidance addressing the classification of workers as independent contractors under the federal Fair Labor Standards Act…

Learn More

New steps employers must take to prevent workplace violence

On July 1, new Labor Code section 6401.9 added by SB 553 will require most California employers to implement a written workplace violence prevention plan, either as a standalone plan or as part of…

Learn More

New California workplace laws for 2024

On Jan.1, new California workplace laws will take effect that may require employers to take specific action. California’s minimum hourly wage for all employers will increase to $16. Employees…

Learn More

California employee’s off-duty cannabis use to be protected — to a point

In 1996, California voters legalized cannabis use for medical consumption in this state. In 2016, California voters legalized recreational use of cannabis by adults in California. On Jan. 1, it…

Learn More

Should employers revise diversity programs in light of recent Supreme Court ruling?

Employers should review and, perhaps, revise their diversity, equity, and inclusion (DEI) policies in light of the U.S. Supreme Court’s recent ruling in Students for Fair Admissions v.…

Learn More

AI law and the workplace; also why CA’s measure on caste discrimination was vetoed

On Sept. 21 the U.S. Equal Employment Opportunity Commission (EEOC) adopted its 2024-2028 strategic enforcement plan. As in the draft of the plan on which this column previously focused, the EEOC…

Learn More

New employee rights in the new year

Gov. Gavin Newsom has signed into law numerous measures that will boost employee rights in California effective Jan. 1. Among them: SB 616 will increase the number of paid sick days employers must…

Learn More

9th Circuit: Indefinite furlough triggers right to immediate vacation payout

In February 2022, Los Angeles federal judge Dale Fischer ruled in Hartstein v. Hyatt Corporation that California law did not require Hyatt Hotels immediately to pay the over 7,000 employees it…

Learn More

Court won’t rewrite unenforceable noncompete

A court probably won’t rewrite a noncompete provision in a partnership agreement that omits the required specified geographic area of non-competition, according to a recent unpublished ruling…

Learn More

State university faculty not entitled to reimbursement for pandemic-related remote work expenses

Two months ago, this column addressed a California Court of Appeal ruling in Thai v. International Business Machines Corp. that Labor Code Section 2802 required a private employer to reimburse its…

Learn More

Why employers must use AI carefully

Almost 25% of employers use artificial intelligence (AI), such as automated-decision systems, to make employment-related decisions, according to a Society for Human Resource Management survey last…

Learn More

Employer not liable for take home COVID-19

Is an employer liable where an employee catches COVID 19 at work due to employer negligence and infects a household member? In Kuciemba v. Victory Woodworks, Inc., the California Supreme Court…

Learn More

Employer must reimburse work-from-home expenses incurred during pandemic shutdown

The California Court of Appeal recently ruled in Thai v. International Business Machines Corporation that IBM had to reimburse its employees for Internet access and other computer-related expenses…

Learn More

New federal pregnancy accommodation law

On June 27, the Pregnant Workers Fairness Act (PWFA) went into effect obligating employers with 15 or more employees to provide accommodations to their pregnant employees. Here’s what the…

Learn More

Sarah Shekhter Named Among Women of Influence in Law

Congratulations to SCMV Shareholder Sarah Shekhter for being named among the San Diego Business Journal’s Women of Influence in Law for 2023. With over a decade of experience in the legal…

Learn More

What if whistleblower discloses employer misconduct to someone already aware of it

California employers may not punish employees for disclosing information about conduct an employee reasonably believes is unlawful to, among others, another employee with the power to address the…

Learn More

‘Motivational’ workplace music may motivate lawsuit

A March 18, 2022 blog post for teambuilding.com recommends 22 motivational songs for work. (No. 1 is “Eye of the Tiger” from Rocky III.) The company’s marketing coordinator Angela…

Learn More

EEOC issues ‘capstone’ COVID-19 guidance

May 11, 2023, marked the end of the federal COVID 19 public health emergency. And yet, while the pandemic officially is over, COVID 19 remains. Employers must continue to follow COVID 19 related…

Learn More

California moves toward outlawing caste discrimination

On May 11, the California State Senate overwhelmingly passed SB 403, a measure which, if enacted, will make California the first state to ban discrimination in workplaces, schools, and elsewhere…

Learn More

Supreme Court considers employer duty to accommodate employee’s religious practices

How far must an employer go to accommodate an employee’s religious practices under federal law? Is it enough for the employer to show that accommodating the employee will result in anything…

Learn More

Recent developments in law of app-based drivers

On March 13, the California Court of Appeal mostly upheld Proposition 22, which authorized rideshare and delivery network platforms, such as Uber and Postmates, to classify their workers as…

Learn More

3 questions key to Nathan Fletcher lawsuit

Grecia Figueroa lost her job as a Metropolitan Transit System (MTS) public relations specialist on Feb. 6, 2023, the same day County Supervisor and then-MTS Board Chairman Nathan Fletcher announced…

Learn More

PAGA plaintiff may represent claims of other employees in court, even if required to arbitrate own claims

The California Private Attorneys General Act of 2004 (PAGA) authorizes any “aggrieved employee” to seek civil penalties against an employer for a range of Labor Code violations,…

Learn More

Richard Gluck Joins SCMV as Of Counsel

SCMV announces that Richard D. Gluck has joined the firm’s Litigation Department as of counsel. A seasoned trial lawyer with more than 30 years of litigation and trial experience,…

Learn More

Avoid these common mistakes in conducting workplace investigations

At a recent Zoom program I attended sponsored by the Harvard Law School Association of Orange County, attorney Tina Rad of Wagener Law addressed the ten most common mistakes made in workplace…

Learn More

Legal consequences of resume fraud

In 2017, CareerBuilder surveyed more than 2,500 U.S. employers across industries and company sizes about resume fraud, including 221 human resources managers in the private sector. About 75% of…

Learn More

New state guidance on confidentiality and non-disparagement clauses

The California Civil Rights Department (CRD, formerly the Department of Fair Employment and Housing) just issued guidance about terms an employer must, may, and may not include in employment,…

Learn More

The Law at Work: Employee as a Good Samaritan

In this season of goodwill toward all comes a timely ruling addressing the scope of California’s Good Samaritan law, Health and Safety Code section 1799.102. In Valdez v. Costco Wholesale…

Learn More

California mandates bereavement leave

Starting Jan. 1, California employers with five or more employees will have to offer all employees with at least 30 days on the job at least five days of unpaid, job protected leave to grieve the…

Learn More

Andrea Myers Named one of San Diego’s “Leaders in Law” by the San Diego Business Journal

SCMV Shareholder Andrea Myers was named to San Diego Business Journal’s annual “Leaders in Law,” which recognizes attorneys throughout San Diego for their exceptional professional…

Learn More

3 things to know about California’s expanded leave laws

Under the California Family Rights Act (CFRA), employers with five or more employees must give their eligible employees up to 12 weeks of unpaid, job-protected time off annually to care for the…

Learn More

12 SCMV Attorneys Recognized in The Best Lawyers in America® 2023

SCMV is proud to announce that 12 attorneys were selected by their peers for inclusion in The Best Lawyers in America® 2023 edition. Attorneys named to the list are recognized for professional…

Learn More

What to do when on onsite employee tests positive for COVID-19

On July 6, The New York Times cited a new survey that found most Americans believe their lives are “at least approaching pre-pandemic normalcy.” And yet, the front-page headline of the…

Learn More

Consequences for employers that get employee breaks wrong

The California Supreme Court recently ruled that premium pay owed to employees whom an employer requires to work during their breaks is a form of “hardship” pay that generally must be…

Learn More

COVID-19 infection may not be disability, says San Diego federal judge

As a Hertz management associate in National City, Michelle Roman’s responsibilities included screening employees for COVID-19 symptoms. Hertz’s policy required that an employee who…

Learn More

Deadline looms for small employers to establish retirement programs

The CalSavers program requires for-profit and non-profit employers with five or more employees, at least one of whom is age 18, to offer their employees either an employer-sponsored plan that…

Learn More

What you need to know about new COVID-19 leave law

California’s 2022 COVID-19 Supplemental Paid Sick Leave (SPSL) law requires employers with 26 or more employees to provide their employees with up to 80 hours of COVID-19-related paid leave.…

Learn More

Legal perils of workplace romance

Happy Valentine’s Day. Last February, the Society of Human Resource Management (SHRM) released a survey that found over a third of American workers have been, or currently are, involved in a…

Learn More

CAL-OSHA, EEOC update COVID-19 workplace law

The California Department of Public Health (CDPH) has reimposed mask mandates in public indoor settings. Under existing Occupational Safety and Health Standards Board (OSHSB) emergency temporary…

Learn More

SCMV Earns Top Rankings on “Best Law Firms” 2022 List

Seltzer Caplan McMahon Vitek is pleased to announce that the firm has received top rankings in San Diego for real estate litigation, real estate law and tax law from U.S. News – Best…

Learn More

3 things departing employee must receive when terminated

As the coronavirus pandemic recedes, many employees are leaving their jobs in what is being called “the Great Resignation.” Other employees are being terminated for, among other…

Learn More

9th Circuit reinstates law barring employers from conditioning employment on employee agreement to arbitrate

In 2019, Gov. Gavin Newsom signed into law AB 51, which prohibits employers from conditioning “employment, continued employment, or the receipt of any employment-related benefit,” such…

Learn More

10 SCMV Attorneys Recognized in The Best Lawyers in America® 2022

We are proud to announce that 10 SCMV attorneys were selected by their peers for inclusion in The Best Lawyers in America® 2022 edition. Attorneys named to the list are recognized for…

Learn More

To require employee to arbitrate dispute, employer must prove agreement signed

A California employer that seeks to compel a former employee suing for wrongful termination to arbitrate the dispute rather than proceeding in court must prove the employee agreed to do so. If the…

Learn More

Column: Revisiting topic of mandatory vaccines in workplace

COVID-19 infections in San Diego and elsewhere have surged in recent weeks, even with the availability of vaccines shown to be safe and effective virtually on demand to anyone 12 and older. Most…

Learn More

Beyond masks: L.A. court faces CAL/OSHA fine for COVID-19 safety violations

An interpreter employed by the Los Angeles Superior Court died on Jan. 12, 2021 after contracting COVID-19 after an outbreak in a downtown courthouse. The next day, a lawyer for the…

Learn More

Column: CAL/OSHA adopts updated COVID 19 workplace rules — for now

All California employees for now will have to continue wearing masks at work virtually all the time regardless of vaccination status, according to revised COVID-19 safety rules just adopted by the…

Learn More

Shifting law on masks and physical distancing in workplace

The Centers for Disease Control and Prevention (CDC) recently issued welcome updated guidance that fully vaccinated people may safely perform most indoor and outdoor activities without wearing a…

Learn More

Applying California COVID-19 rules to vaccine developments

The California Division of Occupational Safety and Health (Cal/OSHA) and the California Department of Fair Employment & Housing (DFEH) have focused recently on how the rules they enforce apply…

Learn More

Alternative to ABC independent contractor test is no safe haven

The California Employment Development Department assessed Vendor Surveillance Corporation $278,692 in unemployment insurance taxes after finding the company should have classified project…

Learn More

ABC independent contractor test rule retroactive

The California Supreme Court just ruled that its landmark 2018 Dynamex ruling, announcing a three-part ABC test companies must satisfy to classify workers as independent contractors exempt from…

Learn More

New family leave rights incorporates former CFRA and adds protections

With the new year comes a new California family leave law. The new law replaces the former California Family Rights Act (CFRA). The new law also absorbs and expands key protections of the…

Learn More

The Law at Work: Key developments in 2020

Executive action dominated legal response to pandemic The governor and other state and local executive officials, especially public health officers, generally set the rules that governed workplaces…

Learn More

Dan Eaton and Andrea Myers Named Among SD500

SCMV Shareholders Dan Eaton and Andrea Myers were included in the 2020 edition of the San Diego Business Journal’s SD500, an annual list recognizing 500 of the most influential leaders in San…

Learn More

Private employers have qualified right to mandate employee COVID-19 vaccination

Earlier this month, Pfizer and Moderna separately announced each of their COVID-19 vaccines had proven at least 90 percent effective in clinical trials. Once federal regulators approve one or more…

Learn More

Nine SCMV attorneys Recognized in The Best Lawyers in America© 2021

We’re proud to announce that nine SCMV attorneys were selected by their peers for inclusion in The Best Lawyers in America© 2021 edition. Attorneys named to the list are recognized for…

Learn More

Is a home tutor an employee or independent contractor?

When the pandemic forced the premature closure of school facilities and the transition to remote instruction this spring, many parents suddenly and involuntarily assumed the role of teacher’s…

Learn More

Supreme Court narrows gap between federal, California discrimination laws

The U.S. Supreme Court just issued two important opinions addressing workplace discrimination. Those rulings narrow the difference between the federal and California employment discrimination…

Learn More

Coronavirus and the Workplace: What You Should Know About Your Rights

Due to Coronavirus restrictions, many San Diego businesses are either shutting down or transitioning to working remotely. However, it’s important to remember that employees and their…

Learn More

Employment Law and Workplace Information Regarding the Coronavirus Pandemic

As the spread of COVID-19 widens, employers are imposing new workplace restrictions, which raise a host of legal questions. Below are Seltzer Caplan McMahon Vitek Shareholder Dan Eaton's…

Learn More

SCMV Attorneys Named Among San Diego’s Top Lawyers

We’re proud of our attorneys and the high level of ethical standards and professional excellence they hold. In the 2020 Martindale-Hubbell® ratings, our peers rated many Seltzer Caplan…

Learn More

The Law at Work: AB 5 and the out-of-state worker

The California Supreme Court’s adoption of the tough ABC independent contractor test in its Dynamex ruling and the California Legislature’s adoption of that test in AB 5 have led some…

Learn More

The Law at Work: Promise not to compete against current employer enforceable

California Business & Professions Code section 16600 generally makes non-compete agreements unenforceable in this state. The California Court of Appeal, however, recently admonished those who…

Learn More

The Law at Work: Legislature could clarify, modify and San Diego court takes on trucking industry

In 2018, the California Supreme Court issued its landmark Dynamex ruling, holding that California’s wage and hour rules allow California workers to be classified as independent contractors…

Learn More

Escondido Chamber Invites Dan Eaton to Speak on AB 5

SCMV Shareholder Dan Eaton recently spoke at an event hosted by Escondido Chamber of Commerce about the new Assembly Bill 5, which took effect January 1. AB5 broadens the “ABC test”…

Learn More

The Law at Work: Time to submit discrimination/harassment claims tripled

The most important California workplace laws that will go into effect on Jan. 1 will make it harder to classify a worker as an independent contractor (AB 5) and harder to require the arbitration of…

Learn More

The Law at Work: Lessons from botched termination of employee on disability leave

If a disabled employee on leave alerts you that he believes the company is not doing enough to find a vacant position he can perform, address the concern. If the employee is later terminated, and…

Learn More

The Law at Work: New law adds obstacle to arbitration agreements

The Economic Policy Institute estimates that about two-thirds of California employers require their employees to arbitrate employment-related disputes, giving up the right to submit those claims to…

Learn More

The Law at Work: One job, two employers - or not

An employee asserting a claim for California wage violations may have one job, but two or more joint employers. There generally is one undisputed employer, as well as another entity that challenges…

Learn More

The Law at Work: Live-in personal attendants: When the law at work hits home

California law defines a personal attendant as “any person employed by a private householder . . . to work in a private household, to supervise, feed, or dress” a child or anyone who…

Learn More

The Law at Work: ABCs of AB5, independent contractor law

Last year, the California Supreme Court announced a demanding three-part test hiring entities must meet to classify workers as independent contractors instead of employees. In his Law at Work…

Learn More

The Law at Work: Restrictions on recruiting former colleagues may be void in California

Employers may no longer be able to keep former California-based employees from recruiting their former co-workers. Recent court rulings have characterized such non-solicitation clauses as a form of…

Learn More

The Law at Work: College football players not NCAA employees

In his the Law at Work Column in the San Diego Union-Tribune, SCMV Shareholder Dan Eaton addressed the recent ruling by the U.S. Court of Appeals for the 9th Circuit that scholarship college…

Learn More

The Law at Work: Why otherwise defective arbitration agreements may be enforced against high-ranking executives

The California Supreme Court has declared that California has a “strong public policy in favor of enforcing arbitration agreements.” In his The Law at Work column in the San Diego…

Learn More

The Law at Work: Restaurant need not reimburse employees for cost of slip-resistant shoes

In his 75th The Law at Work column in the San Diego Union-Tribune, Shareholder Dan Eaton shares recent developments on topics he has previously addressed, including: California Court of Appeal…

Learn More

The Law at Work: Women soccer players’ discrimination lawsuit against U.S. soccer federation

Americans celebrated the U.S. Women’s National Soccer Team’s (USWNT) World Cup victory earlier this month. The champs were feted with a ticker-tape parade through New York City’s…

Learn More

The Law at Work: Must a whistleblower identify law he complains was broken?

When a ref blows the whistle on the court or playing field, he first identifies the rule he believes was violated. Must a workplace whistleblower, in blowing the whistle to his superiors, similarly…

Learn More

The Law at Work: Conservative applicants’ challenge to Google hiring practices clears one hurdle, faces others

Remember James Damore, a former Google software engineer who filed a lawsuit claiming he was the victim of unlawful discrimination? There have been significant developments since Shareholder Dan…

Learn More

The Law at Work: Employer may identify itself by recorded fictitious business name on paystub

California law requires employers to provide their employees with an “accurate itemized statement,” usually a paystub, each pay period which includes distinct information. The…

Learn More

The Law at Work: Clarifying whether a worker is a true independent contractor

It’s been just over a year since the California Supreme Court ruled in Dynamex v. Superior Court that California companies must meet each part of a three-part test to designate workers as…

Learn More

The Law at Work: How much freedom do religious employers have from employment laws?

Title VII, the federal employment discrimination law, does not prohibit a religious corporation from “employment of individuals of a particular religion to perform work” connected to…

Learn More

The Law at Work: Distinguishing an enforceable employment arbitration agreement from an unenforceable one

Court rulings affect employers considering mandatory arbitration policies. In his The Law at Work column in the San Diego Union- Tribune, Shareholder Dan Eaton examines two recent cases involving…

Learn More

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 the application of a body of highly specialized…

Learn More

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 the worksite plus nominally priced meals or free…

Learn More

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 act of artistic expression of broad public…

Learn More

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 unless an employer can show the employee meets all the…

Learn More

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 San Diego Union-Tribune, Shareholder Dan Eaton…

Learn More

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 personally liable for wages the corporate employer…

Learn More

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 bi-weekly “The Law at Work” column.…

Learn More

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 employer should do now to limit employment-related legal…

Learn More

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 control of an employer, and includes all the time…

Learn More

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 16600, the California Business and Professions Code…

Learn More

The Law at Work: Stringent independent contractor test limited to claims based on wage orders

The San Diego division of the California Court of Appeal has ruled that the California Supreme Court’s stringent three-part test companies must satisfy to classify a worker as an independent…

Learn More

The Law at Work: New principles to help courts clarify sexual harassment laws in California

In his The Law at Work column in the San Diego Union-Tribune, Shareholder Dan Eaton outlines the new laws set to take effect next year regarding how California courts evaluate sexual harassment…

Learn More

SCMV Named to 2019 “Best Law Firms” List

SCMV has been selected for inclusion in the 2019 “Best Law Firms” rankings by U.S. News & World Report. Firms included on the annual list are recognized for their professional…

Learn More

The Law at Work: Questions and answers about new law requiring women on corporate boards

In his The Law at Work Column in the San Diego Union-Tribune, Shareholder Dan Eaton examines the recently enacted California law requiring women on the boards of publicly traded corporations…

Learn More

The Law at Work: Right to Severance Pay Depends on Contract

In his The Law at Work column in the San Diego Union-Tribune, Shareholder Dan Eaton examines the firing of former CBS President Les Moonves and how according to his contract he may receive a $120…

Learn More

SCMV Attorneys Named Among The Best Lawyers in America

SCMV is proud to announce that The Best Lawyers in America© has selected eight SCMV attorneys for inclusion in its 2019 edition. SCMV Shareholder Dennis Wickham was also recognized as…

Learn More

The Law at Work: Legal Checks on Background Checks

Late last month the California Supreme Court ruled that, where a background check goes beyond requesting an applicant’s credit records, to seek information through personal interviews or…

Learn More

The Law at Work: Employers generally must allow employees time off to participate in school activities

In his The Law at Work column in the San Diego Union-Tribune, Shareholder Dan Eaton focuses on the right of California employees who are “parents,” broadly defined to include…

Learn More

The Law at Work: The consequences of not paying an employee who resigns all wages due within 72 hours

When an at-will employee resigns without notice, California law gives employers 72 hours from receiving the resignation to pay all unpaid wages—including unused vacation time—and places…

Learn More

The Law at Work: Court rules former Indianapolis Colt ineligible receiver of California workers comp

In his latest The Law at Work column in the San Diego Union-Tribune, shareholder Dan Eaton explains why the California Court of Appeal rejected former Indianapolis Colts defensive tackle Larry…

Learn More

The Law at Work: U.S. Supreme Court says no to union fees in government workplace

In his The Law at Work column in the Union-Tribune, Shareholder Dan Eaton discusses a major ruling the U.S. Supreme Court issued in late June. In Janus v. American Federation of State, County, and…

Learn More

The Law at Work: When is an employer liable for an employee’s auto accident

Generally, the law considers the employment relationship suspended while an employee is going to the workplace from home and coming home from the workplace. The “going and coming” rule…

Learn More

The Law at Work: Not every workplace complaint is legally protected whistleblowing

Earlier this month, the California Court of Appeal confirmed in a non-precedential decision that not all terminations that result from workplace complaints amount to unlawful retaliation for…

Learn More

The Law at Work: Salaried workers entitled to overtime pay unless exempt

In his latest The Law at Work column in the San Diego Union-Tribune, Shareholder Dan Eaton goes back to basics to address the misconception that a private sector employee paid a set weekly salary…

Learn More

The Law at Work: Don’t adopt English-only workplace policy without clear business need

The U.S. Equal Employment Opportunity Commission (EEOC) is suing Albertsons in San Diego federal court over what the agency calls the grocer’s “unwritten English-only policy, which…

Learn More

The Law at Work: California Supreme Court defines independent contractor narrowly

In a landmark unanimous ruling, the California Supreme Court just made it easier to distinguish between an employee and an independent contractor and harder to designate a worker as an independent…

Learn More

The Law at Work: Employers Can’t Use Salary History to Set Salary

Both the federal and California state Equal Pay Acts authorize employers to consider a “factor other than sex” in setting salaries. California’s law expressly prohibits employers…

Learn More

The Law at Work: Secret Sexual Harassment Settlements and Taxes

In his the Law at Work column in the San Diego Union-Tribune, Shareholder Dan Eaton discusses one of the less noticed features of the federal tax overhaul enacted late last year – a provision…

Learn More

The Law at Work: New state law limits employer cooperation with immigration officials

President Donald Trump’s U.S. Immigration and Customs Enforcement (ICE) is aggressively enforcing federal immigration laws. A new California law, the Immigrant Worker Protection Act, bars all…

Learn More

The Law at Work: OT rate for flat bonus must be based on non-overtime hours worked

Except for executives, professionals, and others exempt from overtime rules, California employees are legally entitled to one-and-half times their “regular” hourly rate of pay for hours…

Learn More

The Law at Work: Lessons from Google Engineer’s Round One Loss in Dismissal Fight

In his Law at Work column in the San Diego Union-Tribune, Shareholder Dan Eaton returns to the ongoing dispute between Google and James Damore, the engineer fired from the company after internally…

Learn More

The Law at Work: The ABA’S Nine Features of a Highly Effective Workplace Sexual Harassment Policy

For the last several months, the country – the world, really -- has been having a dialogue about how to eradicate workplace sexual harassment. There is an emerging realization that the law is…

Learn More

The Law at Work: Pot and the California Employer Post-Prop. 64

Proposition 64, which voters approved in 2016, says a Californian who is at least 21 who uses marijuana cannot be prosecuted by state or local authorities. However, the decriminalization of…

Learn More

The Law at Work 2017

In late 2016 and throughout 2017, SCMV Shareholder Dan Eaton, an employment law attorney, wrote more than 30 articles for employers on various employment topics that were published in the San Diego…

Learn More

The Law at Work: What to watch as the Google memo writer’s lawsuit unfolds

In his The Law at Work Column in the San Diego Union-Tribune, Shareholder Dan Eaton examines a recent lawsuit filed by two former Google software engineers against Google. Both former employees…

Learn More

The Law at Work: Is terminating a severely overweight employee disability discrimination?

A long-time at-will employee of the Berkeley Tennis Club was fired, she claimed, because new club manager disapproved of her severe obesity. The club’s stated reason for firing her was a…

Learn More

Dan Eaton published in the LA Times

SCMV shareholder, prolific writer and San Diego Union-Tribune columnist Dan Eaton has expanded his list of places published. The LA Times (sister organization to the U-T), published Dan’s…

Learn More

The Law at Work: Pilot-employee returning from service entitled to bigger bonus from Federal Express

The Ninth Circuit Court recently upheld the ruling of a San Diego federal district judge who found that Federal Express paid one of its pilot-employees a bonus $10,300 less because he had served…

Learn More

Dan Eaton: Can better policies prevent workplace sexual assault?

SCMV employment law attorney Dan Eaton was quoted in an Associated Press article about better implementing policies to prevent sexual harassment in the workplace. According to Dan, “sexual…

Learn More

The Law at Work: Holiday Party Rules for Managers

In this season of company-sponsored holiday parties, the country finds itself in the midst of a teachable moment about sexual harassment. In his The Law at Work column in the Union-Tribune,…

Learn More

The Law at Work: New law to ban inquires into salary history

In the new year, California employers will be prohibited from considering, or inquiring into, an applicant’s salary history unless the applicant discloses that information “voluntarily…

Learn More

The Law at Work: What do employers need to know about the ‘ban the box’ law

In January, the so-called “ban the box” measure, which applies to virtually all California public and private employers, goes into effect, prohibiting an employer from including on an…

Learn More

The Law at Work: Distinguishing between employees and independent contractors

How does a court determine whether a worker is an employee or an independent contractor? In his The Law at Work column in the San Diego Union Tribune, Shareholder Dan Eaton answers this question by…

Learn More

The Law at Work: Is firing an in-law marital discrimination?

You are CEO of a company. A woman you know well calls to inform you that her husband, an at-will company employee for over 20 years, has a gun and has told her that he is angry at his co-workers.…

Learn More

The Law at Work: What does the law require of you? Accommodating employees’ religious practices and beliefs

California law generally prohibits an employer from discriminating against an employee “because of a conflict between the person’s religious belief or observance and any employment…

Learn More

California’s New Fair Pay Act:  What Employers Need to Know

By Andrea N. Myers When California’s Fair Pay Act (SB 358) (the “Act”) takes effect on January 1, 2016, it will be among the nation’s strongest equal pay laws. The Act…

Learn More

The Meaning of the New Fair Pay Act

By Dan Eaton The Daily Transcript California law, like federal law, has long required that men and women receive equal pay for equal work. State law also has prohibited employers from disciplining…

Learn More

An Ounce of Prevention: Drug Testing

By Daniel Eaton AN OUNCE OF PREVENTION: DRUG TESTING Californians like their privacy. In 1974, California voters approved an amendment to the California constitution expressly recognizing a…

Learn More

Avoiding Frivilous Lawsuits

Elihu Root, the great early-twentieth century New York attorney and former Secretary of War, once said: “About half the practice of a decent lawyer consists in telling would-be clients that…

Learn More

An Ounce of Prevention: Preventing Liability under the FMLA

Even where an employer is not guilty of disability discrimination, the employer may be liable for substantial damages to a former employee if the employer has failed to comply with the detailed…

Learn More

Top 10 Legal Ethics Rulings of 2013

Top_10_Legal_Ethics_Rulings_of_2013

Learn More

Ethics Quarterly Volume 10, No. 4

EQ_Vol_10_No_4

Learn More

Ethics Quarterly Volume 10, No. 3

EQ_Vol_10_No_3

Learn More

Ethics Quarterly Volume 10, No. 2

EQ_Vol_10_No_2

Learn More

Ethics Quarterly Volume 10, No. 1

EQ_Vol_10_No_1

Learn More

Ethics Quarterly Volume 9, No. 4

EQ_Vol_9_No_4

Learn More

Ethics Quarterly Volume 9, No. 3

EQ_Vol_9_No_3

Learn More

Ethics Quarterly Volume 9, No. 2

EQ_Vol_9_No_2

Learn More

Ethics Quarterly Volume 9, No. 1

EQ_Vol_9_No_1

Learn More

Top 10 Legal Ethics Rulings of 2012

Top_10_Legal_Ethics_Rulings_of_2012

Learn More
Subscribe to Legal Alerts