Mediation is unique in that it may take place early in the case, voluntarily at the request of the parties; involuntarily in connection with a judicial proceeding just before trial; or at any time between. Notwithstanding the timing, proper preparation can ensure a successful mediation; and often, discovery is key to being properly prepared. When…
As state and local governments slowly permit employees to return to work, employers need to be prepared to safeguard both themselves and their employees related to COVID-19. Some of the questions employers should be asking themselves include: Do my employees need to return to work? One of the initial issues that should be considered is…
With various professional and personal stressors at play, we are seeing the number of disputes in the workplace rise—even with many of us working from home. Alternative dispute resolution or ADR can help to resolve these conflicts quickly and efficiently, and potentially without the need for a courtroom battle. With trials on the back burner…
As we have discussed here previously, there are certainly obvious benefits to mediation as a dispute resolution tool. Mediation is much less costly than litigation, more private (mediations can be kept confidential as part of the terms of the settlement agreement), and can be held in a matter of days, not months or years. Mediation…
As many business owners are aware, the California Supreme Court recently threw employers a serious curveball with respect to how employers must calculate overtime. Adding to the confusion, the Court stated employers should have been aware of this calculation method even though the same California Supreme Court declared it void over 20 years ago.
The EEOC shows no signs of slowing down when it comes to its strategic enforcement of federal workplace discrimination laws. Indeed, EEOC litigation picked up in the fiscal year ended September 30, 2018, and the agency just held a major public hearing in October to emphasize the attention its placing on workplace harassment.
The #MeToo movement has certainly had an impact on how employers do business in California. But even before this, California was long considered to be a trailblazer in the area of sexual harassment law. Indeed, California’s Fair Employment and Housing Act mirrors Title VII and employers in other states often look to sexual harassment cases…
California’s stringent laws against the enforcement of non-compete agreements and non-solicitation agreements between employers and employees are well-known. Put simply, non-compete agreements and non-solicitation agreements regarding the solicitation of customers are not enforceable, but non-solicitation agreements regarding the solicitation of other employees may be enforced within limited circumstances.
For many businesses, intellectual property is the glue that holds the company together. These assets provide financial – and job – security for many. With this in mind it’s a wonder that so many companies do not have invention assignments in place.
On September 14, 2018, the National Labor Relations Board (NLRB) issued its Notice of Proposed Rulemaking in the latest attempt to address the “joint employer” standard under the National Labor Relations Act. The proposed rule states that a separate entity will be considered a joint employer “only if the two employers share or codetermine the…