The Court of Appeal concluded that many of the disputed wage and hour claims in an underlying lawsuit are potentially subject to coverage under an employment practices liability insurance (“EPLI”) policy despite a wage and hour exclusion. Southern California Pizza Company, LLC (“SCPC”) was named as a defendant in a putative class action lawsuit alleging…
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.
California just passed the California Consumer Privacy Act of 2018, expanding the data privacy rights of California residents in an unparalleled step. All employers should be aware of the Act and prepared to meet its requirements come January 1, 2020, the date it goes into effect. Put simply, the Act provides consumers who are defined…
The California Supreme Court shook up the business world with their decision in Dynamex, a case covering the employer/worker relationship that we have discussed at length in this blog. Until recently, the idea of an independent contractor existed in the California workplace. The test the courts used to determine if the worker was in fact…
The world wide web. It seems impossible to remember a time before the internet (and social media) took over. And with employees, millenials particularly, adapting to our digital age with such ease, it is ever-important for California employers to be vigilant regarding how they respond to employee social media usage.
California business owners who read this blog are hopefully aware of the myriad laws governing the employer-employee relationship. These laws can also apply to soon-to-be former employees. As an disgruntled ex-employee can spell trouble for your business, read on to learn more about what you need to keep in mind when firing an employee in…