California Employment Law Update

Category Archives: Release Agreements

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New IRS Guidance On Tax Treatment Of Attorney’s Fees

The IRS recently released a memorandum advising taxpayers on the proper tax characterization of attorney’s fee payments in connection with a settlement of or judgment in an employment dispute. Courts have long held that payments to plaintiffs for their attorney’s fees pursuant to a fee shifting statute belong to the plaintiff, not the attorney.  Thus, … Continue Reading

Claims For Reporting Time Pay And Split Shifts Were Properly Dismissed

Aleman v. AirTouch Cellular, 202 Cal. App. 4th 117 (2011) Daniel Krofta and Mary Katz filed this putative class action against their employer, alleging reporting time pay violations and seeking additional compensation for working split shifts. Krofta sought reporting time pay for days he attended meetings at work even though he was furnished work (and … Continue Reading

Release Enforced As To Defamation And Overtime Claims – But Not Claim Under USERRA

Perez v. Uline, Inc., 157 Cal. App. 4th 953 (2007) On the day that Brian Perez, a captain in the United States Marine Corps Reserves, returned to work after duty with the Reserves, his employment with Uline, Inc. was terminated. He was presented with a “Severance Agreement and Release,” offering him severance in the amount … Continue Reading
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