Are non-compete agreements truly a thing of the past in California? It seems that the California Supreme Court would like employers to think so. After all, in 2008 the Court brought down the hammer on these covenants not to compete (a clause under which one party (usually an employee) agrees not to enter into or start a similar profession or trade in competition against another party (usually the employer)), holding that California Business Code §16600 prohibits all restraints on trade, including non-solicitation provisions (Edwards v. Arthur Anderson, 44 Cal. 4th 937(2008)).Details
These days, it seems that Uber can’t stay out of the news. From wage and hour claims (were drivers being misclassified as independent contractors instead of employees? Read more on the distinction between the two here) to vicious assaults (by both drivers and passengers), the ride-sharing app has had its time in the limelight.Details
With the 50th anniversary of the enactment of the Age Discrimination in Employment Act (ADEA) on the horizon, the Equal Employment Opportunity Commission (EEOC) is focusing on the issue of age discrimination in the workplace. Age discrimination involves treating an applicant or employee less favorably because of his or her age and the ADEA “forbids age discrimination against people who are age 40 or older. It does not protect workers under the age of 40”. Side note: It is not unlawful for an employer or other covered entity to favor an older worker over a younger one, even if both workers are age 40 or older.Details
In 2016, Assembly Bill No. 1732, also known as the “All-Gender” Bathroom Bill (Bathroom Bill), was introduced to the California legislature and subsequently signed into law by Governor Brown. The Bathroom Bill was sponsored by California NOW, Equality California, and the Transgender Law Center because “restrict[ing] access to single-occupancy restrooms by gender create problems of safety, fairness, and convenience.” And recently, the bill went into effect.
Before the Bathroom BillDetails
Various types of insurance policies have a provision within them that gives the policyholder the right to have an attorney (who is appointed and paid for by the insurance company) represent them in the event that they are named as a defendant in a lawsuit. Read on for 4 ways to improve the odds of the case being settled or decided in your favor.Details
Today, many businesses use arbitration as a means of resolving claims that arise. Indeed, many California consumer agreements contain arbitration clauses.
However, the California Supreme Court recently narrowed the protection of arbitration agreements with class action waivers. Financial services entities and other businesses will be required to review their current contractual provisions to ensure compliance in the Golden State.Details
California Supreme Court: Public Employees’ Work-Related Texts and Emails on Private Devices are “Public Records”
According to the California Supreme Court, public employees’ communications about official agency business may be subject to California Public Records Act (CPRA). This extends to communications on personal computers, smartphones, tablets, etc…
While this is a case involving a public sector employer and the CPRA, I foresee that it may – and sooner than later — be relevant to private sector employers and “bring your own device” policies (more on those here), as well as private sector employees’ privacy interests.Details
Employers: Did you know that inside sales commission-based employees must be separately paid for their rest breaks? In another win for employees across the state, a California court recently held that certain employees paid on commission are also covered by the Industrial Welfare Commission (IWC) Wage Order requirement that “rest period time shall be counted as hours worked for which there shall be no deduction from wages.” Last year, an appellate court held that employees who are paid on a piece-rate basis must be separately compensated for rest breaks and other non-productive time. Now, another Court of Appeals has extended this requirement to employees who are paid on a commission basis.Details
Many are questioning whether, under the Trump Administration, the LGBTQ (Lesbian, Gay, Bisexual, Transgendered) community will be given the same protections provided to it during the Obama administration. The most accurate (and surely frustrating) answer to this question is, “it depends.”Details
Overtime pay, or the alleged lack thereof, is an issue we regularly see pop up in the California courts. While California employers generally recognize that non-exempt employees (e.g. many hourly employees) who work overtime must receive overtime premiums on their base pay, not all are aware that these premiums may also be required on other, “supplemental” aspects of compensation to nonexempt employees. A common example? Bonuses.Details