Employment Law

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

New Federal Overtime Rule Faces Roadblocks

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

Will the New Federal Overtime Regulations Put More Money in Your Pocket?

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

California Employment Background Checks: Know Your Rights

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

EEOC Announces Pay Data Rule to Combat Workplace Pay Discrimination

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

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

U.S. Supreme Court to Consider Scope of Religious Accommodation in Abercrombie & Fitch Hijab Case

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

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

I was 1099’d: Employer Liability for Independent Contractors in the Service Sector

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