This year the California Second District Court of Appeal have heard at least two cases involving a California employer's attempt to "claw back" a paid, or prepaid commission, and in each case came to opposite conclusions based on the employer's written commission plans and agreements.

On May 8, 2012, in Sciborski v. Pacific Bell Directory, 205 Cal.App.4th 1152 (2012), a California Court of Appeal emphasized the importance of clear language in commission plans and agreements. In [...]

Effective January 1, 2012, California Labor Code sections 2751 and 2752 require all employers (in-state and out-of-state) who pay their California employees a commission to provide said employees with a written employment contract or plan that specifies the method by which the commissions will be computed and paid. Employees must acknowledge that they received the contract and/or plan.

California [...]

Under the California Fair Employment and Housing Act (FEHA), it is unlawful to engage in specified discriminatory practices in both the employment setting and in housing accommodations on the basis of sex.

Under existing law, “sex” is specifically defined under the FEHA to include gender, pregnancy, childbirth, and medical conditions related to pregnancy or childbirth.

Effective [...]

The California Fair Employment and Housing Act (FEHA) prohibits discrimination (except in the case of undue hardship) in employment and housing based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age or sexual orientation. Assembly Bill 1964, signed by Governor Brown, codifies existing interpretations of religious discrimination under the FEHA into the [...]