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Was Gattuso v. Hart Hanks Really A Win For Employers?
By Kathleen M.K. Carter, Managing Principal, Hollins • Schechter
The legal question framed by the Court in interpreting California Labor Code section 2802 was "May an employer satisfy [its] statutory obligation [to indemnify employee expenses] by paying employees increased wages or commissions instead of separately reimbursing them for their actual expenses?"
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Expenses case could rock businesses
By Pamela A. MacLean, Staff Reporter, The National Law Journal
The California Supreme Court has taken on a little-noticed employment case that will determine whether an employer must reimburse employees for specific out-of-pocket job expenses or can simply raise pay and call things even.
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Why Skipping a Meal (Period) Can Be Bad For Your Business
By Kathleen M.K. Carter, Managing Principal & Philip J. Azzara, Associate, Hollins • Schechter
By now, most California employers are well aware that California law generally requires all employees be provided a meal period of not less than 30 minutes within the first five hours of work. An employee who does not receive a legally compliant meal period is entitled to one hour of pay at the employee's regular rate of compensation. By way of example, an employee working an eight hour day and not furnished a meal period within the first five hours of work is actually entitled to a total of nine hours worth of compensation.
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Defending RSD Cases with Experts
By Bruce Lee Schechter, Principal, Hollins • Schechter
Injury claims for reflex sympathetic dystrophy (RSD)/complex regional pain syndrome can be the most difficult to defend. The very nature of the injury and lack of objective findings to support the injury is what makes this particular litigation so difficult. When defending a claim of RSD, the most important responsibility for the attorney is to retain and hire physicians who have a working knowledge and practice in treating this syndrome, diagnosing the syndrome and understanding the proper prognosis for the syndrome. Typically, each case will necessitate a number of medical disciplines to be involved in the joint diagnosis and prognosis for either someone suffering from the syndrome known as RSD or in defending the claim that the plaintiff or litigant does not suffer from the syndrome known as RSD.
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