201506.09
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Employees Can Discuss Their Wages!

California Labor Code Section 232 provides that: No employer may do any of the following: (a) Require, as a condition of employment, that an employee refrain from disclosing the amount of his or her wages. (b) Require an employee to sign a waiver or other document that purports to deny the employee the right to disclose the…

201506.09
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Injunctions Against Employees that Steal from Employers

One of my business clients recently had a disgruntled employee that took confidential data/information from my client and then demanded that my client pay money under the threat of disclosing the confidential data/information. I immediately filed suit against the disgruntled employee and within 1 week obtained an injunction requiring the now former employee to return…

201505.06
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Hey new Mommies – Know Your Rights!

In addition to guaranteed leave for pregnant employees, California law requires employers with 5 or more employees to reasonably accommodate an employee’s pregnancy and related medical conditions to the same extent as it would accommodate other disabilities. (Gov. Code, § 12945(b)(1).)

201504.30
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“NO RE-HIRE” CLAUSES UNDER FIRE

“No Re-Hire” clauses are common in settlement agreements involving employment law related claims. In Golden v. California Emergency Physicians Medical Group, the Ninth Circuit held that a “no re-hire” provision in a settlement agreement could, under certain circumstances, could constitute an unlawful restraint of trade under California law. In Golden, a physician verbally agreed to…

201501.09
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California Supreme Court Says No Money Damages Available When Employer Proves Mixed Motive in FEHA Discrimination Case:

In Harris v. City of Santa Monica, the California Supreme Court issued a ruling that sets forth the details of the applicability of the “mixed-motive” defense available to employers in discrimination cases (FEHA). The Plaintiff in Harris was a city bus driver who was terminated for not meeting performance standards shortly after she told her…