Monthly Archives October 2015

Employees are not required to arbitrate claims brought under the Labor Code Private Attorneys General Act.

Encouraged by rulings by the conservative justices on the U.S. Supreme Court, employers have been trying to limit the rights of California employees to bring their claims in court. A large percentage of employers in California now require their employees to sign arbitration agreements as a condition of employment. Under these agreements, the employees waive their right to bring a claim in court and instead must pursue their claims through private arbitration. Private arbitration is generally less favorable for employees
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Court rules that employers must reimburse employees who use their personal cell phones for work.

In Cochran v. Schwan’s Home Service, Inc. (2014) 228 Cal.App.4th 1137, the California Court of Appeal ruled that employers are legally required to reimburse employees for cell phone charges if the employees use their personal cell phones for work. Under California Labor Code section 2802, an employer is required to indemnify its employees for all reasonable and necessary expenses the employees incur in the course of their jobs. Before Cochran, no appellate court had directly applied Section 2802 to cell
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