What is the ABC Test in California? The California state legislature recently passed AB 5, which defines who is an independent contractor and who is an employee under California law. AB 5 codified the “ABC test” for employment status. Under that test, a worker is an employee of a company unless the company can prove... read more.
During an economic crisis, employees are understandably focused on retaining their current job. But having a protective employment agreement is always important. Favorable terms in an employment contract can make it more difficult for an employer to terminate your employment without cause, ensure that you receive an adequate severance payment, and secure your family’s health... read more.
The Silicon Valley No-Poach Settlement *For more information on this case and other California non-compete agreements, contact a San Francisco employment lawyer today. The recently announced $324 million proposed settlement in a civil antitrust case brought by workers against Silicon Valley tech giants Google, Apple, Adobe, and Intel exposed the anticompetitive underbelly of a culture that prides... read more.
Coronavirus Mass Layoffs in California and Severance Packages Here in the San Francisco Bay Area six counties (Marin, San Francisco, San Mateo, Santa Clara, Alameda, and Contra Costa) have just issued a shelter-in-place order, prohibiting all non-essential travel outside of the home. What will this mean for the economy, and Bay Area employment? Many economists... read more.
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 protected by Title IX if you have experienced sex discrimination or sexual harassment at work. Title IX prohibits sex discrimination in any education program or activity receiving federal financial assistance. This... 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.
Visiting Angels Lawsuit Rukin Hyland & Riggin is currently investigating potential employment violations by Home Care company Visiting Angels. Over the last few years, multiple home care, hospice care, and senior care corporations have come under the spotlight for abusing home how employees are classified and paid. California labor and employment laws are put in place to protect... 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, severance agreements, proprietary information agreements, and stand-alone non-disclosure agreements. Some require the employee to keep the terms of any settlement confidential. Others are limited to the protection of trade secret information or purport to... 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, as the #metoo movement has demonstrated, sexual harassment in the workplace is all too common. In 2015, almost one-third of the charges received by the Equal Employment Opportunity Commission (EEOC)—the federal agency that administers and enforces federal civil rights laws against discrimination—were harassment claims. And a... read more.
The reports of Harvey Weinstein’s sexual misconduct set off a cascade of sexual harassment and assault allegations against well-known men in politics, the arts, academia, and Hollywood. Women posted their personal accounts of #metoo on social media. Spurred by solidarity and accountability, women who long remained silent about harassment and abuse they experienced stepped forward... 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 equal pay. California Fair Pay Act: Revised Previously, the Fair Pay Act stated that workers conducting... read more.
San Francisco’s Parity in Pay Ordinance Yesterday, San Francisco Mayor Ed Lee signed the Parity in Pay Ordinance, which prohibits employers from inquiring about or relying upon a job applicant’s salary history. Specifically, the Ordinance prevents employers who are required to do business in the City, including City contractors and subcontractors, from considering a job... 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 new overtime rule. However, a Texas federal judge recently blocked the new federal overtime rule from going into effect. Now, it is uncertain... read more.
Severance agreements have once again drawn the ire of the U.S Securities and Exchange Commission. This time, the SEC fined an Atlanta –based company, BlueLinx Holdings, Inc., $265,000 for maintaining unlawful severance agreement provisions. It seems that many companies are having a hard time complying with the SEC rule that makes it unlawful for an... 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, employers have used background checks in making hiring and promotion decisions. Since the advent of the internet, and particularly since the 9/11 terrorist attacks, more and more employers are requiring background checks as a condition of applying for employment—and they are increasing their reliance on such checks. Moreover, the internet has provided the... read more.
From Robin Wright making news for demanding the same pay as her ‘House of Cards’ co-star Kevin Spacey to the U.S. Women’s National Soccer Team filing an EEOC charge for pay discrimination, equal pay is having a moment–and California’s equal pay laws are no exception. On January 1, 2016, California’s Fair Pay Act took effect to strengthen the... 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. Public records from the local police department show that from 2008 to 2014, there were 35 episodes of violence between staff and students at TobinWorld’s three... 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 independent contractor misclassification in the service sector (the part of the economy in which employees provide services and information, in contrast to producing manufactured goods, mining, or farming). Since August 2009, employment by staffing agencies has... 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 Healthy Workplaces, Healthy Families Act of 2014 (AB 1522), which requires employers to provide paid sick leave to most California employees. According to the Legislature, sick leave benefits are good for both employers and employees, as sick leave lowers health care costs, increases productivity and prevents... read more.
Reimbursing Tech Expenses in California As discussed in my companion post, “You Want Me to Pay for What?” California law has long required employers to reimburse their employees for expenses reasonably incurred while working, so as to prevent employers from passing on their operating expenses to employees. A recent California Court of Appeal ruling helps... 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 Fair Employment and Housing Act (FEHA). The case, Patterson v. Domino’s Pizza, LLC, (Cal., Aug. 28, 2014, S204543) 2014 WL 4236175,... 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.