The California Court of Appeal’s recent decision in Cochran v. Schwan’s Home Service, Inc.  was simple.  When employees must use their personal cell phones for work, California law requires employers to reimburse them, regardless of whether the cell phone plans are for limited or unlimited minutes.  This decision, however, could have a wide ranging impact on California employment law.

The plaintiff in Cochran sought to bring a class action lawsuit against his employer based on his employer’s alleged failure to reimburse him and similarly situated employees for use of their personal cell phones for work-related calls.  The superior court denied plaintiff’s motion for class certification, finding that the claim was not suitable for class treatment because individual issues predominated.  Specifically, the superior court reasoned that the defendant employer’s liability to prospective class members depended on individual factual issues such as whether employees paid for the cell phone plan themselves, whether employees purchased different cell phone plans because of their work cell phone usage, or whether employees suffered any “actionable expenditure or loss,” i.e., loss of cell phone minutes.Continue Reading California Court of Appeal Rules Employers Must Reimburse Employees For Work Calls on Personal Cell Phones

Last week, President Obama signed an executive order prohibiting all federal employees from text messaging while driving on official business or while using government equipment.  Click here to read President Obama’s executive order on texting while driving.  While President Obama’s order does not effect private employers, it does directs federal agencies to encourage contractors and

The Oregon Legislature was in session in 2009, and many labor and employment-related bills came up for consideration.  A complete list of the bills that passed and the bills that failed follows below (you may have to click "continue reading." 

Several passed and will become law effective January 1, 2010.  Several others didn’t get the support they needed to become law, but employers may want to take note as they may gain more traction in the next legislative session. 

Notable winners:  leave for military spouses, a ban on "captive audience" union meetings, and protections for stalking victims.  Notable losers:  several attempts to clarify an employer’s obligation to accommodate medical marijuana use. 

Up next:  a federal labor and employment legislation update.  Stay tuned!Continue Reading 2009 Oregon Legislative Update