Salon owners in California who pay employees on commission are subject to liability for failing to pay all wages due. Under California law, “commissions” are a form of wages applicable only to an employee who sells a product or service, not to an employee who makes a product or provides a service to the employer’s …
After months of complaining that a female co-worker had repeatedly harassed him to have sex with her, Rudolpho Lamas’s boss offered a suggestion. Maybe, the boss said, Rudolpho should try walking around the office singing, “I’m too sexy for my shirt.” Everyone at work thought the situation was hilarious: a widower turning down the explicit …
Crossing the Line: The Ninth Circuit’s Guidelines for Flirting at Work Read More »
The Ninth Circuit Court of Appeals Weighs In On Workforce Classification Under California Law Every time I review an independent contractor agreement I find myself humming George and Ira Gershwin’s song, It Ain’t Necessarily So from Porgy and Bess. In California, at least, such agreements do not prove that a worker is an independent contractor. …
“But I Signed An Independent Contractor Agreement…” Read More »
On August 5, 2010, the California Supreme Court issued a unanimous decision concerning the type of evidence a worker can rely upon to prove an employer discriminated against him or her. The Court’s decision concerns the so-called “stray remarks doctrine.” Justice Sandra Day O’Connor coined the term in a 1989 U.S. Supreme Court decision, writing …
Madeline Messa is a 3L at Syracuse University College of Law. She graduated from Penn State with a degree in journalism. With her legal research and writing for Workplace Fairness, she strives to equip people with the information they need to be their own best advocate.
