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

November 27, 2018 | Comments Off on 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…

24-Hour Residential Care Facility Not Required to Permit Employees to Decline On-Duty Meal Periods

March 1, 2016 |

Plaintiff Yvonne Palacio (“Palacio”) sued her former employer, Jan & Gail’s Care Homes, Inc., alleging that Care Homes violated wage and hour laws by not informing its employees that they had a right to revoke their on-duty meal period agreements.  Palacio sought class certification to include 102 current and former employees in the lawsuit.  The…

Medical Board Issues Updated Public Disciplinary Information Law

August 19, 2015 |

On July 1, a new California law changed the Medical Board of California’s guidelines for posting physicians and surgeons’ disciplinary information to the public. Last August, Governor Jerry Brown signed Assembly Bill 1886, which requires the Board to post the most serious disciplinary information, including enforcement actions, disciplinary actions, civil judgments, arbitration awards, and certain…

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

August 10, 2015 |

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…

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

June 26, 2015 |

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. …

Federal Courts Will Not Uphold Jury-Trial Waivers in Contracts Signed Under California Law

June 23, 2015 |

In April, the United States Court of Appeals for the Ninth Circuit ruled that federal courts sitting in diversity will not uphold jury-trial waivers in contracts signed under California law, even where each party waived its rights “knowingly and voluntarily.”  The court held that federal courts sitting in diversity must apply the underlying state law to…

REMINDER: California Employers Are Required to Provide Paid Sick Leave Beginning July 1

June 19, 2015 |

Beginning July 1, state law will require all California employers to annually provide at least 3 days of paid sick leave to their employees.  The Healthy Workplaces, Healthy Families Act of 2014 (AB 1522) applies to all California employees (including part-time) who work at least 30 days a year, regardless of the employer’s size.  In…

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