Employer Rights

Confidentiality Agreements: The Growing Need to Take a Closer Look

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

Don’t Let Your Startup Blow Up

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

The Critical Case Recap: Week of October 13, 2014

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 Critical Case Recap: Week of October 6, 2014

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

New California Law Expands Harassment Training Obligation

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

San Francisco Bans the Box

Last month, San Francisco became one of several cities to enact “ban the box” legislation.  As of August 13, 2014, the San Francisco Fair Chance Ordinance, No. 17-14, prohibits employers with at least 20 employees from asking about an applicant’s criminal history on an employment application or in the first live interview (including interviews by… read more

The Duty to Reimburse in the Digital Age

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

You Say Franchisor, I Say Employer.

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

Interns In The Workplace

In recent years, the amount of student interns in the workplace has significantly increased, both because there are fewer jobs available than job applicants and because the practical, hands-on experience that an internship provides is increasingly being regarded as integral to a professional education. [1]  Indeed, almost half of former interns are later hired back by… read more

Rhea v. General Atomics

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