Kimpo Ngoi

Kimpo Ngoi

Orrick, Herrington & Sutcliffe LLP

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California: Making Arbitration Great Again

California’s resistance to the longstanding federal policy favoring arbitration frequently results in public expressions of frustration by the justices of the U.S. Supreme Court. In over five years since the Supreme Court’s...more

8/24/2016 - Arbitration Arbitration Agreements AT&T Mobility AT&T Mobility v Concepcion CA Supreme Court Class Action Corporate Counsel PAGA

California Legislators Aim to Make Prior Salaries a Thing of the Past

A few months ago, the California State Assembly introduced AB 1676, a bill that not only would have prohibited employers from asking job applicants about their compensation history, but also would have required employers to...more

6/30/2016 - EEOC Equal Pay Fair Pay Act Gender-Based Pay Discrimination Wage and Hour

We Get Out Our Crystal Balls on the Imminent DOL Overtime Rules

The prognostication efforts are going into high gear as employers seek to forecast and prepare where the Department of Labor may land on its final overtime rules. As with all rules in the post-comment phase, government...more

5/2/2016 - DOL Final Rules FLSA Minimum Salary Over-Time Wage and Hour White-Collar Exemptions

It Isn’t An April Fool’s Joke – New Amendments to California’s Laws Against Discrimination Become Effective April 1

The adage that “there is no rest for the weary” is perhaps an all too familiar one for California employers. Although employers might have already spent the past few months implementing a host of new laws that took effect in...more

3/10/2016 - DFEH Discrimination Employer Liability Issues FEHA Harassment New Legislation Sexual Harassment

Legislative Updates Employers Should Know About to Avoid Wringing in the New Year

The California legislature played an active role in 2015 by enacting new rules and amendments in many employment areas. The following covers some of the key highlights, some of which became effective on January 1, 2016. Equal...more

1/5/2016 - Fair Pay Act Minimum Wage National Guard Piece-Rate Pay Rest and Recuperation Sick Leave Wage and Hour

Not All Class Actions Are Created Equal Under CAFA, Says the Ninth Circuit

The Ninth Circuit recently delivered a setback to defendants seeking to remove cases to federal court under the Class Action Fairness Act (“CAFA”) when it interpreted the statute narrowly to exclude consideration of non-class...more

8/6/2015 - CAFA Class Action Dart Cherokee Basin Operating Co. v. Owens Jurisdiction Labor Law Violations PAGA Popular Rest and Meal Break Wage and Hour

Prognosis Negative: You’re Not Immune to Company Policy Under California Leave Law

In Richey v. Autonation, Inc., issued January 29, 2015, the California Supreme Court reinstated an arbitration award against the plaintiff and confirmed that employers retain the right to terminate employees who violate...more

2/11/2015 - Appeals Arbitration Arbitration Awards CA Supreme Court California Family Rights Act (CFRA) Employment Policies Leave of Absence Termination

Seeking Credit for Deferred Commissions? You Might Get Declined

Last week, the California Supreme Court issued its decision in Peabody v. Time Warner Cable, Inc., deciding that employers may not apply commission payments to earlier pay periods for the purposes of establishing that an...more

7/23/2014 - Employer Liability Issues Minimum Wage Sales Commissions Time Warner Wage and Hour

“I Did It…But Don’t Tell!” Rejected Job Applicant Says Background Report Should Have Excluded his Admission of Fraud against...

Last week, a plaintiff sued the creator and the operator of the Esteem criminal background database—LexisNexis and First Advantage—alleging that they gave prohibited information to potential employers, which ultimately barred...more

2/13/2014 - Criminal Background Checks Employer Liability Issues Fraud Job Applicants

This Day In Trade Secrets: In 1848, Albert Bagley Files One Of The First Trade Secret Cases Ever

One hundred and sixty-five years ago in New York, Albert Bagley filed one of the first trade secret cases in modern times (if Lexis is to be believed) against his former employee Charles Peddie. In Bagley v. Peddie, 16 N.Y....more

9/6/2013 - Legal History Trade Secrets

Former Employee Allegedly Coughs Up Cold Remedy Formula: Broad Non-Disclosure Agreement Largely Ineffective

A New Jersey appellate court’s decision last week in UCB Mfg., Inc. v. Tris Pharma, Inc., serves as a cautionary tale for employers when drafting confidentiality agreements to protect their trade secrets and confidential...more

9/6/2013 - Confidential Information Legitimate Business Interest Non-Disclosure Agreement Pharmaceutical Industry Public Policy Trade Secrets

You Can’t Get Paid for Sleeping on the Job

Employees who live in employer-provided housing as part of their job may not so easily claim wages for 24-hour periods of work under California’s Wage Orders, according to a recent opinion, Mendiola v. CPS Security Solutions,...more

7/23/2013 - Employee Housing Employer Liability Issues Full-Time Employees Rest and Meal Break Wage and Hour

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