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Are Employee Non-Solicitation Clauses Still Legal In California?
The Fourth District Court of Appeals in San Diego on November 1, 2018, issued AMN Healthcare Inc. v. Aya Healthcare Services Inc., in which it called into question ...
United States
30 Nov 2018
The Persuader Rules: Final Opportunity To Avoid Department Of Labor Reporting Requirements
The U.S. Department of Labor ("DOL") recently issued its final regulations regarding the "advice exception" to reporting requirements of employers and lawyers under the Labor-Management Reporting and Disclosure Act.
United States
7 Jul 2016
USDOL Proposes Significant Increase In Federal Salary Test For FLSA White Collar Exemptions
On Monday, July 6, the United States Department of Labor (USDOL) published its long awaited proposed rule "updating" regulations "defining and delimiting" the exemptions from overtime for white collar employees.
United States
16 Jul 2015
California Supreme Court Limits Commissioned-Salesperson Overtime Exemption
The California Supreme Court issued an important decision for employers who pay salespersons on commission but don’t pay them overtime.
United States
24 Jul 2014
Two New Wage And Hour Cases: One Good News For Employers, One Not So Good
Two wage and hour decisions were recently issued – one by the United States Supreme Court and the other by a Court of Appeal in California – that are emblematic of the continuing onslaught of wage and hour class action litigation and the highly technical procedural and substantive issues that are still being litigated.
United States
2 May 2013
Employment Law Commentary, February 2012
Over the years a small but growing number of employers have offered, in addition to traditional vacation, sabbaticals intended to provide their employees with a lengthy period of time away from work for the purpose of rejuvenation and as an incentive to continued employment.
United States
2 Mar 2012
Harris v. Superior Court (Liberty Mutual): California Supreme Court Defines The Scope Of The Administrative Exemption And Finds Insurance Adjusters Can Be Exempt
Last week the California Supreme Court, in a unanimous decision, reversed the Court of Appeal’s decision that held that insurance adjusters are not exempt employees as a matter of law.
United States
9 Jan 2012
Cal/OSHA Enforcement Penalties: The New Definition Of Serious is Serious
Effective January 1, 2011, new Labor Code §6432 (AB 2774) revises the definition of a "serious" violation for the purposes of a Cal/OSHA citation and makes it much easier for the California Division of Occupational Safety and Health (DOSH) to prove a serious violation with its significantly higher fines than citations classified as either general or regulatory.
United States
4 Jul 2011
EEOC Issues New ADAAA Regulations: What Employers Should Watch For
In June 2009, the U.S. Equal Employment Opportunity Commission (EEOC) voted to revise its rules to conform to changes made by the ADA Amendments Act of 2008 (ADAAA), which was signed into law by President Bush in September 2008 and broadened the scope of disability protected under the law.
United States
2 Jun 2011
Sonic Calabasas A, Inc. v. Moreno: California Supreme Court Rules That Arbitration Agreements Do Not Preempt the Administrative Wage Claim Procedures Of The Labor Commissioner
Yesterday the California Supreme Court ruled in a 4-3 decision that an employee who has a wage claim against his or her employer but is subject to an arbitration agreement has the right to first use the Labor Commissioner’s administrative processes in a so-called Berman hearing before arbitration of the wage claim can be required.
United States
7 Mar 2011
Employment Law Commentary, October 2008
Recent headlines paint a bleak picture of the economy in the United States and around the world: US Bails Out Fannie Mae and Freddie Mac! US Unemployment Rate at 5-Year Low!
United States
29 Oct 2008
Employment Law Commentary, May 2008
The EEO-related obligations associated with federal government contracting, including the requirement to prepare and implement an Affirmative Action Plan (AAP), can be fairly characterized as byzantine.
United States
3 Jun 2008
Supreme Court Affirms Employer’s Ability To Reimburse Employee Business Expenses With Additional Income
On Monday, November 5, 2007, the California Supreme Court issued its long-awaited decision in Gattuso v. Harte-Hanke Shoppers, Inc., confirming an employer’s ability to satisfy its obligation under Labor Code section 2802 to reimburse employees for all their business expenses with additional income.
United States
19 Nov 2007
Are Employee "No-Hire" And Non-Solicitation Provisions Enforceable Under California Law?
In most states, noncompetition agreements are enforceable if reasonably necessary to protect trade secrets and other confidential information.
United States
24 Aug 2007
Workplace Conflict: Harassment Laws and Free Speech Rights
Employees have many legal protections in the private workplace, including the right to work in an environment free from harassment. Employees also have certain free speech rights in the private workplace.
United States
31 Aug 2005
Labor Code Private AG Act; Outsourcing; and Illegal Bonuses (Ralphs Grocery Co.)
In our November 2003 Employment Law Commentary, we reported on both the Labor Code Private Attorneys General Act (S.B. 796) and also the appellate court decision in Ralphs Grocery Co. v. Superior Court of Los Angeles (David Swanson), 112 Cal. App. 4th 1090 (2003).
United States
26 Mar 2004
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