Upcoming Seminar | Santa Maria

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Save the date for our upcoming seminar in Santa Maria! Michael Saqui will be presenting a Hot Topics 2019 seminar on May 22, 2019. The cost is $45 and you can register here. For more information, you can view the flyer.   We are here when you need us! Source:  The Saqui Law Group

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FRIDAY FLURRY: UPDATES ON NEWS FROM THIS WEEK AND COMPLIANCE REFRESHERS

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Arbitration Agreement Held Valid Despite Employee’s Rejection By: Jizell Lopez On Wednesday, a three judge panel for the Second Appellate District provided a win for employers, ruling that although an employee would not sign an employer’s arbitration agreement, the employee is still bound by the arbitration agreement because the employer declared upfront that the arbitration […]

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SOCIAL SECURITY MISMATCH AND IMMIGRATION: Where Do We Go From Here?

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Frequently Asked Questions on All Things Social Security This collaborative briefing was written by Michael C. Saqui of Dowling Aaron Incorporated, Chris Schulte of CJ Lake, LLC, and Rob Roy, President and General Counsel of Ventura County Agricultural Association In 2018, employers and third-party payroll providers were sent an Educational Correspondence (EDCOR) Announcement notice from […]

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Are you an employer that sells goods or services? If so, do you pay your employees commissions on sales they make of your goods or services?

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If you pay commissions, keep in mind that California Labor Code section 2751 requires that all employers who use commissions as a means of compensating employees provide those employees with a written agreement which sets forth the method by which the commissions will be calculated and paid.  Further, the written commission agreement must be signed […]

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Prop. 65 Legal Alert

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Recently a group of plaintiff attorneys have started filing claims under California’s Proposition 65 also known as the Safe Drinking Water and Toxic Enforcement Act of 1986 for a chemical known as Furfuryl Alcohol.  As of September 30, 2017, all products containing Furfuryl Alcohol sold in California must include a warning meeting the Prop. 65 […]

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Can an employee who reports crime personal to her in the work place but neither against employer nor concerning employment operation be afforded “whistleblower” protection?

Posted by Steven Vartabedian on

Commonly referred to as a “whistle blower” statute, Labor Code Section 1102.5 (b) provides in part that an employer “shall not retaliate against an employee for disclosing information . . . to a government or law enforcement agency . . . if the employee has reasonable cause to believe that the information discloses a violation […]

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Do anxiety and stress relative to employee’s interaction with supervisor causing an inability to work under that supervisor constitute a disability recognized by FEHA?

Posted by Steven Vartabedian on

In Higgins-Williams v. Sutter Medical Foundation (filed 5/26/2015) C073677, plaintiff worked as an assistant in patient intake at one of defendant’s clinics.  Her immediate supervisor was Debbie Prince, who reported to regional manager Norma Perry.  After about 3 years on the job, plaintiff reported to her treating physician she was suffering stress because of interactions […]

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Must the harassment to which an employee is subjected be severe or pervasive before an employer can be liable for failure to prevent harassment under FEHA?

Posted by Steven Vartabedian on

Dickson v. Burke Williams, Inc.(filed 3/6/15) B253154 is a case in which the jury awarded plaintiff employee $35,000 in compensatory damages, plus $250,000 in punitive damages, based on its finding that defendant employer failed to take reasonable steps to prevent sexual harassment by the massage therapy company’s customers. However, while the jury made a special […]

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May courts review arbitration award consistent with employment agreement forbidding outside work where employee exercised unwaivable statutory right?

Posted by Steven Vartabedian on

In Richey v. AutoNation, Inc. (filed 1/29/15) S207536, the California Supreme Court responds, “No.”   The court concluded that even if the arbitrator in that case committed error in accepting the untested “honest belief” defense, any error did not deprive the employee plaintiff of an unwaivable statutory right because of the overriding rationale that employee was […]

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