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.
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.
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 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.
Reimbursing Tech Expenses in California As discussed in my companion post, “... 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.
Should an employer have the right to disqualify applicants based on criminal convictions? If so, should the law impose any limitations on this right? There exist strong arguments on either side of the debate. From the employer’s perspective, uniform application of a policy excluding candidates who have a criminal conviction – i.e., application of the... read more.
According to the United Nations, out of 185 countries and territories with available information, the United States is one of the only three countries in the world, along with Papa New Guinea and Oman, lacking paid maternity leave. Most developed countries provide both paid maternity and paternity leave, and paid family and sick leave. Countries that... read more.
California PFL In 2004,... read more.
“We don’t really investigate FMLA violations.” This was the candid message that an investigator with the U.S. Department of Labor shared with me last year, in explaining that... read more.
Employers are not under any obligation to provide employment references for former employees. Providing employment references may leave former employers open to legal liability from the former employee and the prospective employer. For example, if the employer makes disparaging comments about a former employee and as a result, the employee is not hired for the... read more.
Generally, employers are under no obligation to determine whether or not an employee’s substandard performance may be caused by a... read more.
Under the Americans with Disabilities Act (ADA),... read more.
Title VII of the Civil Rights Act of 1964 makes... read more.
The federal Family and Medical Leave Act (... read more.
In some instances, employers may be held liable for the injuries and damages caused by those they employ. Generally, it will have to be proven that the employer knew or should have known that employee’s conduct could result in injury to a third party before an employer can be held liable for an employee’s acts.... read more.
What is the Family and Medical Leave Act? Under the Family and Medical Leave Act (... read more.
There is no legal requirement that employers perform formal performance reviews of employees, just as there is no general requirement that an employer have just cause to fire an employee. An employer may, however, be required by the terms of an employment contract, employee handbook, or collective bargaining (union) agreement to review an employee annually,... read more.
An employer who receives a harassment complaint on the basis of... read more.