Marina Tsatalis

Marina Tsatalis

Wilson Sonsini Goodrich & Rosati

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Latest Publications


California Court Rejects Alleged Joint Employers' "It Wasn't Me" Defense to Worker Misclassification Claims

Notwithstanding—and perhaps because of—the emergence of the so-called "sharing economy" and its proliferation of disruptive new business models, as well as calls to re-examine the traditional and familiar employee versus...more

6/15/2015 - Business Development Corporate Counsel DOL Employee Rights Hiring & Firing Independent Contractors Joint Employers Joint Liability Labor Code Misclassification PAGA Sharing Economy Subcontractors Unpaid Wages Wage and Hour Young Lawyers

SEC Joins Agency Attack on Confidentiality Clauses in Employee-Related Agreements and Policies

In a recent enforcement action, the Securities and Exchange Commission (SEC) took action against a company for "using improperly restrictive language in confidentiality agreements with the potential to stifle the...more

4/29/2015 - Confidentiality Agreements EEOC Employment Policies Enforcement Actions Internal Investigations KBR (formerly Kellogg Brown & Root) Protected Activity Risk Assessment Risk Mitigation SEC Whistleblower Protection Policies Whistleblowers

Chancery Court Refuses to Enforce Non-Competition Agreement Against a California-Based Employee Despite Delaware Choice-of-Law...

In non-competition agreement disputes involving California employees, it is common to encounter an agreement stating that the law of another state governs the non-compete. Since non-competes in California are generally...more

2/4/2015 - Choice-of-Law Employer Liability Issues Hiring & Firing Non-Compete Agreements Public Policy

California Supreme Court Addresses Test for Independent Contractor Status and Class Certification of Independent Contractor...

Employers frequently struggle with determining when a service provider should be classified as an independent contractor, as opposed to an "employee." Getting the answer to that question wrong can prove significant in many...more

7/15/2014 - Class Action Class Certification Contractors Employer Liability Issues Independent Contractors Misclassification

California Supreme Court Upholds Enforceability of Class Action Waivers in Mandatory Arbitration Agreements

The California Supreme Court has upheld the use of class action waivers in mandatory arbitration agreements. In Iskanian v. CLS Transportation of Los Angeles (June 23, 2014), the court held that a state's refusal to enforce...more

6/27/2014 - Arbitration Class Action Class Action Arbitration Waivers CLS Transportation Employer Liability Issues Employment Contract Federal Arbitration Act Iskanian Mandatory Arbitration Clauses PAGA Trucking Industry

New York City and New Jersey Expand Protections for Pregnant Workers

New laws are taking effect in New York City and New Jersey that provide greatly enhanced protections for pregnant women in the workplace. As of January 21, 2014, an amendment to New Jersey's Law Against Discrimination took...more

1/29/2014 - Employee Rights Pregnancy Pregnancy Discrimination

Unpaid Internships Under Scrutiny

The controversy surrounding unpaid internships is increasingly in the news. Reports of interns filing wage and hour class actions in, for example, The New York Times and PBS's NewsHour, have highlighted an often-unnoticed...more

10/23/2013 - FLSA Harassment Human Rights Internships Sexual Harassment Unpaid Interns

Inevitable Disclosure of Trade Secrets Doctrine Still Disfavored In New York

While New York law in theory recognizes the "inevitable disclosure" doctrine, a federal district court there, in Janus et Cie v. Andrew Kahnke, recently reinforced the state's hostility to the doctrine by dismissing an...more

9/30/2013 - Disclosure Inevitable Disclosure Doctrine Trade Secrets

U.S. Supreme Court Issues Three Decisions Favorable to Employers

By the end of this year’s term, the United States Supreme Court had issued three “employer-friendly” decisions. While the decisions do not dramatically alter the employment law landscape, employers will still welcome the...more

8/2/2013 - American Express v Italian Colors Restaurant Arbitration Agreements Class Action Discrimination Employer Liability Issues Harassment Racial Discrimination Retaliation SCOTUS Supervisors Title VII UT Southwestern Medical v Nassar Vance v. Ball State University

Significant Changes to California Pregnancy Leave Will Take Effect on December 30, 2012

The Fair Employment and Housing Commission (FEHC) recently issued revised regulations that govern pregnancy disability leave (PDL) in California. The new regulations take effect December 30, 2012, and include changes that...more

12/13/2012 - CFRA Disability Discrimination FEHC FMLA Notifications Pregnancy Pregnancy Discrimination Reinstatement

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