Public Officer Not Entitled To Review Personnel File After Termination

In a case of first impression, the court in Barber v. California Department of Corrections and Rehabilitation (“CDCR”), 2012 DJAR 2085 (2012), held that a terminated public officer is not entitled to review his personnel records under the Public Officers Procedural Bills of Rights Act (“POBRA”). The former employee (Barber) claimed he was entitled to Continue reading

Wage Theft Prevention Act – Updated New-Hire Template

On April 12, 2012, the DLSE posted an updated template of the form that is to be provided to new hires along with updated FAQ’s pertaining to the notice requirement. The FAQs provide important guidance about completing the form and should be reviewed carefully. With regard to the required use of the new template, FAQ Continue reading

California Supreme Court Decides Brinker

The California Supreme Court today (4/12/2012) issued its long-awaited decision in Brinker Restaurant Corp. v. Superior Court of San Diego. A copy of the decision is here. The decision resolved several hotly-contested issues surrounding employer meal period and rest break requirements and the ability of employees to pursue alleged violations of those requirements on a Continue reading

Supreme Court Limits State Liability For FMLA Violations

In Coleman v. Court of Appeals of Maryland, 2012 DJDAR 3627 (March 20, 2012), the U.S. Supreme Court affirmed a lower court decision holding that states cannot be sued for damages for violations of Section (D) of the FMLA, referred to as the “self-care provision.” As the Court explained, “[a] foundational premise of the federal Continue reading