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Employment Law

Mitigating the Risk of a Sexual Harassment Lawsuit Against a Medical Practice

San Diego Physician magazine, a publication of the San Diego County Medical Society, recently published an article authored by Founding Partner Jehan N. Jayakumar on steps medical practices can take to mitigate the risk of a sexual harassment lawsuit. The article discusses Business and Professions Code Section 726 and Business and Professions Code Section 729,…

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Medscape Publishes Article Co-Authored by Founding Partner Jehan N. Jayakumar and Associate Attorney Matthew M. Stokke

California medical groups face increased risks when classifying physicians as independent contractors. The California Supreme Court’s Dynamex Operations West v. Superior Court decision  created a new legal test for determining whether licensed providers should be paid as independent contractors or employees. Many medical groups fail to consult with their legal counsel to ensure that they…

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Is This the Beginning of the End For Non-Solicitation Agreements in California?

California employers often require employees to execute non-solicitation agreements with the goal of preventing former employees from poaching their employees.  In a recent decision, the Fourth District Court of Appeals of California called into question the validity of such non-solicitation agreements.  At the heart of the case is Business and Professions Code section 16600, which…

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Department of Labor: Most Workers Qualify as Employees Under the Fair Labor Standards Act

On July 15, the United States Department of Labor (DOL) issued guidance aimed at curbing the misclassification of employees as independent contractors, saying that most workers qualify as employees under the Fair Labor Standards Act (FLSA) and stressing the statute’s expansive definition of employment. In the DOL’s first “administrator’s interpretation” of 2015, Wage and Hour…

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Jury Finds HR Manager Wrongfully Fired in $538K Pregnancy Discrimination Verdict

On June 18, an Orange County jury ruled against internet marketing company eGumball for unlawfully firing and discriminating against their own HR Manager upon her return from maternity leave. The company will pay the plaintiff, Kimberly Perry, more than $538,000 in damages. In February 2013, Perry told her boss, John Bauer, that she was pregnant. …

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State Governing Boards Face Antitrust Risk after Supreme Court Ruling in North Carolina Dentists Case

The U.S. Supreme Court recently agreed with the Federal Trade Commission (FTC) when it ruled North Carolina’s custom of practicing dentists serving on the state regulatory board was anticompetitive.  The decision in North Carolina State Board of Dental Examiners v. Federal Trade Commission could subject thousands of similarly structured boards to antitrust liability, and brings into…

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Carlson & Jayakumar Attorneys Shut Down Manufacturing Employees’ Rest Break Lawsuit and Achieve Important Victory for Employers: Court Affirms Legality of Combined Rest Periods

Newport Beach, CA — March 26, 2015.  On February 23, 2015, a Los Angeles Superior Court granted a motion for summary judgment filed by aerospace metal finishing company, EME, Inc., against a class of hourly workers who claimed, among other things, that EME’s practice of combining rest breaks was per se illegal.  The court entered…

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