Posted in Non-Compete/Trade Secrets on November 15, 2019
As we have written before about the enforceability of noncompetition agreements in California, an employer may not prohibit a California employee from competing with the employer after his employment ends.... read more.
Posted in Sexual Harassment Attorney on September 23, 2019
Should I Hire An Attorney For My Title IX Case? Do you work at a K-12 school or university? If so, you may be... read more.
Posted in Wage and Hour on September 23, 2019
Rukin Hyland y Riggin están investigando una demanda potencial contra Vanguard Cleaning Systems, que contrata a miles de trabajadores de limpieza en el estado de California. Si usted trabaja para Vanguard Cleaning Systems y siente que haya sido erróneamente clasificado como contratista independiente, llámenos ahora. Es posible que la compañía le deba salario mínimo, horas... read more.
What Are My Employer’s Obligations When I am Pumping at Work? August is National Breastfeeding Month, with a theme of “Support Changes Everything.” The United States Breastfeeding Committee developed this campaign in conjunction with breastfeeding coalitions, member/partner organizations, and individual supporters to generate advocacy for necessary policy and practice changes and “build a landscape of... read more.
Vanguard Cleaning Systems Lawsuit Rukin Hyland & Riggin is currently investigating a potential lawsuit against Vanguard Cleaning Systems, which hires thousands of janitorial workers through its franchises in California. If you work for Vanguard Cleaning Systems and believe that you have been misclassified as an independent contractor and not paid all of the wages you are... read more.
Visiting Angels Lawsuit Rukin Hyland & Riggin is currently investigating... read more.
The #MeToo movement has put workplace sexual harassment in the spotlight, with numerous high-profile sexual harassment and assault allegations against powerful leaders in multiple industries. #Metoo has helped shed light on, and create a public conversation surrounding workplace issues that often go unreported. As more and more people step forward to share their stories, and... read more.
Confidentiality clauses of one sort or another have been ubiquitous in the workplace for years. They are found in employment contracts,... read more.
The new year is almost upon us, and with it comes a new obligation for California attorneys participating in mediations. Effective January 1, a California attorney representing a client in a non-class/non-representative action must provide the client with a printed disclosure explaining mediation confidentiality and obtain the client’s signed acknowledgment. Why is this happening now?... read more.
First, you should know that you’re not alone. Unfortunately,... read more.
The reports of Harvey Weinstein’s sexual misconduct set off a cascade of... read more.
Have you ever felt that you were not paid fair wages due to race, ethnicity, or salary history? On January 1, 2017, the state legislature added two provisions to the California Fair Pay Act to address these concerns regarding... read more.
San Francisco’s Parity in Pay Ordinance Yesterday, San Francisco Mayor Ed Lee signed the... read more.
The first “National Women’s Day” was observed in the United States in 1909, to recognize the 1908 garment workers’ strike in New York. A year later, Women’s Day was recognized internationally at a conference in Copenhagen, where over 100 women from 17 countries created a worldwide day of celebration to advocate for women’s rights. In... read more.
In a case filed just last month in San Francisco Superior Court, a current employee of Google asserts claims against the company based on its allegedly overbroad confidentiality agreement that Google requires all employees to sign and its policies regarding the use and disclosure of confidential information. (John Doe v. Google, Inc.; San Francisco Superior... read more.
The holiday season is when many employers announce raises, bonuses, and other increases in compensation. This holiday season, millions of workers were going to become newly eligible for overtime under the Depart of Labor’s... read more.
A change to the federal overtime regulations that will come into play at the end of 2016 will likely have a significant impact on workers. The U.S. Department of Labor recently promulgated new overtime regulations which increase the national overtime salary threshold, thereby dramatically increasing the number of workers eligible for overtime. While hourly-paid workers... read more.
For years,... read more.
From Robin Wright making news for... read more.
Legal protections often lag behind technology, and nowhere is this more true than in the area of workplace privacy. Employers literally have the world at their fingertips, able to explore every aspect of a potential hire’s life history through internet searches and background checks. It’s not just HR departments one must worry about; the world... read more.
A disturbing video surfaced recently of a teacher’s aide slapping, tackling, and throwing items at a nine-year-old boy at TobinWorld, a school for children with disabilities in Antioch, California.... read more.
There is good reason that Bay Area residents readily bandy about slang terms such as “tech bro” and “brogrammer”—terms that evoke a distinctive image—a tech scene made up of young male employees. Although the wage gap persists nationwide, recent reports have shown that both hiring and pay disparities are particularly pervasive in Silicon Valley, from... read more.
Over the years, we have observed a familiar pattern that catches many start-ups off guard and can prove costly and distracting. Worse yet, these companies could easily have avoided the problems. One of the Biggest Mistakes Start-Ups Do Companies in the early stages of growth predictably generate buzz and excitement that feeds the hopes of... read more.
Dynamex v. Superior Court (California Court of Appeal, Second Appellate Division): What It’s About: Employer Dynamex appealed the trial court’s denial of its motion to decertify, arguing that the court improperly adopted the definition of “employee” from IWC Wage Orders to determine the status of class members, instead of using the common law definition of... read more.
The U.S. Supreme Court recently announced that it would review the Tenth Circuit’s decision in EEOC v. Abercrombie & Fitch. 731 F.3d 1106 (10th Cir. 2013). In that case, the Tenth Circuit held that an employer is not liable under Title VII for failing to accommodate an applicant’s religious dress unless the applicant explicitly notifies... read more.
Ybarra v. Apartment Investment and Management Company (California Court of Appeal, Second Appellate District): What It’s About: The Court of Appeal vacated and reconsidered its prior order reversing the trial court’s order denying the defendant’s motion to compel arbitration. In light of Iskanian, the Court of Appeal held that the representative action waiver in the... read more.
The Problem With Misclassifying Independent Contractors As the economy improves, there has been an increased focus on the problem of... read more.
The subject of bullying in schools and in the workplace has over the past several years attracted nationwide attention and generated significant discussion. California recently took its first steps toward addressing the problem of workplace bullying. New Law Aims to Prevent Workplace Harassment On September 9, 2014, Governor Brown signed AB2053. This new law amends... read more.
California Governor Jerry Brown yesterday signed into law the... read more.
Reimbursing Tech Expenses in California As discussed in my companion post, “... read more.
Posted in Employee Rights on September 10, 2014
The news is littered with stories of executives who use company funds to pay for lavish dinners, family vacations, and entertainment. But employees who are uncertain of their rights or don’t want to rock the boat may hesitate to request reimbursement for the small, everyday expenses they incur while working. California employees should know that the... read more.
Yesterday, the Ninth Circuit gave plaintiffs an important victory in off-the-clock overtime cases when it affirmed the district court’s grant of class certification to a class of auto, property, liability, casualty, and special investigations claims adjusters in Jimenez v. Allstate . The Court first rejected Allstate’s argument that the common questions identified by the district... read more.
CA Supreme Court opinion on franchise law Yesterday, the California Supreme Court addressed the circumstances under which a franchisor may be deemed to be the employer of a franchisee’s employees for purposes of the... read more.
In Rhea v. General Atomics, 14 C.D.O.S. 8201, the California Court of Appeal on Tuesday reaffirmed an earlier decision holding that an employer can require (or allow) an exempt employee to use vacation/paid time off (PTO) for partial day absences without compromising the employee’s exempt status. The Rhea Court further held that an employer can... read more.
Many people often ask me, “Is it harassment if my coworker makes racist remarks?” The answer: maybe. Not every mean or rude comment qualifies as harassment. On the other hand, many employees suffer long periods of unlawful harassment or sexual harassment from their fellow employees but are unaware of what they can do about it.... read more.
Who is entitled to overtime pay in California? Both federal and California law requires that employees be paid the minimum wage for all hours worked and that nonexempt employees be paid the... read more.