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June 2009 Newsletter |
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 | Nature of the Work: Is an Employer's Business Decision to Staff a Business Location with a Single Employee a Sufficient Basis to Justify an On-Duty Meal Break Under California Law?
By MATT BAILEY, ESQ. |
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Pursuant to California law, unless the employer can satisfy the requirements for an "on-duty" break, an employer is required to provide employees who work more than five hours an "off-duty" meal break that is no less than 30 minutes in duration. See 8 CCR 11040(11)(A). An "on-duty" meal break, which is an affirmative defense that must be established by the employer,1 is distinct from a generalized voluntary "waiver" of a meal break2 in that the applicable Wage Orders provide that "[a]n 'on duty' meal period shall be permitted only when the nature of the work prevents an employee from being relieved of all duty..." See e.g. 8 CCR 11040(11)(A).
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| The Long Road to Holding Multinational Corporations Liable for Their Actions Abroad
By GALORAH KESHAVARZ, ESQ. |
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It's not surprising that holding multinational corporations liable for their bad acts committed abroad, is an extremely difficult arena to litigate. The legal regulation of multinational corporations is an intricate process, as these corporations are not under the control of any one jurisdiction. There is almost no international oversight. Multinational corporations are subject to multiple legal systems, including each of the individual countries in which they operate in, in addition to the country of their corporate headquarters. In conjunction with these jurisdictional issues, the arduous task of piercing the corporate veil to reach a parent company liable for acts committed by its subsidiary is also extremely difficult. A prime example of a failed attempt to hold a multinational corporation liable for alleged human rights abuse is the decade long case of Bowoto v. Chevron.
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| The Importance and Benefits of Mentoring and Law Clerk Involvement with Attorneys
By PAYAL KANSARA |
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As law students emerge from behind their books and library desks and into the real world, it will become rather clear that it is one thing to learn the law in law school, but quite another to practice it in the real world. The gap between these two realms often requires a little bridging, which is best performed by those who have been there before. Mentoring and involvement with attorneys is a valuable asset for both law clerks and law firms today.
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