Companies sometimes dismiss trade secrets as a significant form of intellectual property because unlike patents, copyrights or trademarks, trade secrets are not publicly recognized or registered with the government. Indeed, every aspect of the trade secret depends on just that, secrecy. Once a trade secret becomes known, the value is lost (and a business generally suffers). Fortunately, California has laws in place to protect trade secrets.
Under California law, which is more generous to employees than federal law, employees are entitled to specific meal and rest breaks. Indeed, California is one of the few states that require employers to give their workers both meal and rest breaks. In one of our recent landmark cases, heard by the Supreme Court of California, it was affirmed that “on-duty” rest breaks are in violation of California wage and hour laws (more on this precedent-setting decision here).
Meal Breaks in California
Workers’ compensation insurance is a type of liability insurance where the employer assumes complete liability for all worker injuries and in California, all businesses with one or more employees must provide workers’ compensation benefits to their employees (California Labor Code Section 3700). Since the purpose of worker’s compensation is to help workers if they are…
Sometimes it’s good to get back to the basics. And since we’ve been fielding questions from eager entrepreneurs about the ins and outs of California employment law lately, let’s touch on a few of the basic employment laws in California.
There are certain things you need to know if you’re considering starting a business in California. California is a very employee-friendly state, and the myriad of state employment laws supports this. And if you intend to hire five or more employees, things can get even trickier. Remember to speak with experienced legal counsel to ensure that your employment practices are in line with both state and federal laws.
It is important to understand the requirements and protections covering employee paychecks under California law. Employees have numerous rights and legal protections, with a myriad of laws protecting them. Employers must understand what is required to avoid running into legal problems, including class action lawsuits.
When Are Employees Entitled to Receive Their Pay?
In California, most employment is at-will. This means that employees may be fired or quit their job for almost any reason. Yet, there are times when a worker may be let go in California and be eligible to file a wrongful termination claim. Here are a few of the most common reasons for a wrongful termination claim under California law.
If a worker is employed with a company through an employment contract, it’s likely that the contract includes a clause about how the employer can only fire the worker for “good cause” or for specific reasons (such as use of illegal drugs or stealing from the company). If a worker is fired in violation of the terms of the contract, they may have a wrongful termination claim.
Running a business in California can be, for lack of a better term, tricky business. With a seemingly infinite number of employment-related laws, many of which oftentimes appear to contradict each other, many small, medium, and large sized business owners are often left with more questions than answers. Here, we break down some of the basic employment laws in California. For an in-depth discussion, reach out to experienced legal counsel.
Employees vs Independent Contractors
Perhaps one of the biggest employment issues in the state, the issue of whether a worker is an employee or is not, continues to plague employers – to the point of litigation.
Terminating and/or firing employees is an often dreaded task faced by employers in all industries and lay offs are no different. Unfortunately, at some point in the business life cycle, financial difficulties may mean a business owner needs to lay off employees – and do so in a manner that does not result in legal action by the disgruntled employee.
As we have discussed in previous posts, smartphones are making life a bit more challenging for business owners, especially in terms of overtime pay. It’s a modern reality that today’s workplace is anywhere within range of a wireless signal. With many employees habitually checking their smartphones at all hours for emails, text messages, voicemails, tweets, and other electronic transmissions, more and more employers are finding themselves with a potential wage and hour class action on their hands.
RPNA Partner Drew Pomerance is joining the esteemed Employment Law Panel at CAALA’s Annual Las Vegas Convention on September 1, 2017 at the Wynn Hotel. The expert panel will present hot topics in employment law such as wrongful termination, gender and racial discrimination, equal pay, and whistleblower cases. Mr. Pomerance will be focusing on the latest developments in wage and hour law, including “off-duty” rest breaks, “on-call” meal periods, “call-in” scheduling, and class action waivers. He will also provide an update on PAGA claims and key legislation to watch. Mr. Pomerance is a regular speaker at the Consumer Attorneys Association of Los Angeles’ annual conference, touted as the largest convention of trial attorneys in the nation with over 2,800 attendees. For more information about the conference and to register, visit http://caalavegas.org. To learn more about Mr. Pomerance’s practice, click here.