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Marrying Sex and Sexuality Under Title VII

Several recent cases are poised to set a major tonal shift in the realm of LGBT employee rights following the Supreme Court’s 2015 landmark decision in Obergefell v. Hodges. As part of its ongoing coverage of LGBT employment...more

Pulling the Seat From Under PAGA Plaintiffs

From the time of its enactment, the California Private Attorneys General Act of 2004 (“PAGA”) has been a thorn in the side of employers. For example, the California Supreme Court insists PAGA actions are not class actions,...more

Court of Appeal Gives California Employers a Break – but Not a Full Vacation – from PTO Reporting Requirements

Your employees may spend their time daydreaming about how to spend the vacation hours they accumulate each pay period – and in California, they are entitled to be paid out upon termination for any accrued, unused vacation...more

Maximizing Protections Under the Defend Trade Secrets Act: Confidentiality Agreements Need to be Changed

With President Barack Obama's signature on Wednesday, the Defend Trade Secrets Act ("DTSA" or "Act") has now become law. Where trade secrets were once protected only at the state level, the DTSA now federalizes trade secrets...more

BREAKING: President Obama Signs Defend Trade Secrets Act Into Law

On May 10, 2016, as anticipated, President Barack Obama signed the Defend Trade Secrets Act into law, wrapping up a lengthy bipartisan effort to bring trade secrets under federal system law. Some observed that the fact that...more

BREAKING: President Obama Signs Defend Trade Secrets Act Into Law

Yesterday, as anticipated, President Barack Obama signed the Defend Trade Secrets Act into law, wrapping up a lengthy bipartisan effort to bring trade secrets under federal system law. Some observed that the fact that...more

Understanding The Defend Trade Secrets Act

With its passage by the House of Representatives, the Defend Trade Secrets Act ("DTSA" or "Act") has now cleared both houses of Congress and will be sent to President Obama for his approval. Where trade secrets were once...more

It’s All Relative: A California Court Says Employers Must Accommodate Employees “Associated” With a Person With a Disability

In an issue of first impression, the California Court of Appeals held that employers have a duty under California’s Fair Employment and Housing Act (FEHA) to provide reasonable accommodations to an applicant or employee who...more

EU Reaches “Provisional Agreement” on New Trade Secret Directive

The Council of Ministers announced that the Luxembourg presidency had reached a “provisional agreement” with the European Parliament representatives regarding a new Trade Secret Directive (“Provisional Directive”) on December...more

Testing the Limits of Employee Privacy: Ninth Circuit Allows EEOC To Obtain Extensive Personal Information About Employees Despite...

The Ninth Circuit recently held that during the course of an investigation, the EEOC can force employers to produce “pedigree information” (i.e., name, telephone number, address, and Social Security number) of applicants and...more

Defend Trade Secrets Act of 2015 Faces Criticism 2.0

On August 28, 2015, TSW continued its coverage of the 2015 Defend Trade Secrets Act (“2015 DTSA”), introduced in both the House and Senate on July 28, 2015, with its comparison of the 2015 DTSA to last year’s failed 2014...more

For Here or To Go? Senators Introduce Bill to Ban Noncompete Agreements, Increase Mobility For Sandwich Makers and Other Low-Wage...

Congress is getting into the non-compete business.  Citing the use of non-compete agreements by companies such as Jimmy John’s sandwich shops, Senate Democrats recently introduced a bill—called the Mobility and Opportunity...more

A Win for Employers: Court Denies Class Certification of Rest Break Claim Where Plaintiff Alleged Employer Did Not Have a Rest...

A recent federal district court decision denying a motion for class certification of wage-and-hour claims reflects continuing disagreement among courts in California regarding the suitability for class treatment of meal and...more

Employees Snooze, Employers Lose: California Supreme Court Delivers Wake Up Call to Employers of On-Call Security Workers

In Mendiola v. CPS Security Solutions, Inc., issued on January 8, 2015, the California Supreme Court ruled that security guards are entitled to compensation for all on-call hours spent at their assigned worksites, even when...more

Highly-Protected Secrets: Competitors Try to Keep Legal Secrets in the Quasi-Legal Marijuana Industry

How do you use the law to keep something unlawful a secret? This and related questions arise as more states legalize marijuana for medical use, recreational use, or both. As an illicit industry emerges from the shadows,...more

UPDATE – Uniform Trade Secrets Act Preemption: The Debate Continues… With Possible Implications for Punitive Damages?

Just over one year ago, we noted the continued and vibrant debate among state and federal courts over whether the Uniform Trade Secrets Act (“UTSA”) preempts other claims based on the misappropriation of information when that...more

The Supreme Court Hears Oral Argument in Busk: Could Employers Have to Pay for Employee Time Spent Passing Through Security?

On October 8, 2014, the U.S. Supreme Court heard oral argument in Integrity Staffing Solutions, Inc. v. Busk. In Busk, plaintiffs allege that, under the FLSA, their employer should have compensated them and other warehouse...more

Muzzling Whistleblowers: When Confidentiality Agreements Go Too Far

Confidentiality agreements can be useful to a company. For example, they can ensure that employees are aware of their company’s valuable trade secrets and can establish requirements to safeguard those assets. But when do...more

Employers Should Act Now to Avoid Potential Data Minefields: The OFCCP’s New Proposed Rules for Collecting Compensation Data from...

On August 8, 2014, the Office of Federal Contract Compliance (“OFCCP”) proposed new annual reporting requirements for federal contractors and subcontractors. The proposal requires additional pay information and will become...more

The House Introduces Another Trade Secrets Bill: Is It Really Any Better Than Before?

The Trade Secrets Act of 2014 (H.R. 5233) was introduced in the House by Congressman George Holding on July 29, 2014. Representatives Steve Chabot (R-OH), Howard Coble (R-NC), John Conyers (D-MI), Hakeem Jeffries (D-NY), and...more

The EEOC Takes Aim, Once Again, at Employers’ Separation Agreements

On April 30, 2014, the U.S. Equal Employment Opportunity Commission filed suit against a private college, charging for the second time in two months that an employer’s severance agreement was unlawful. The EEOC alleged that...more

Despite The Cheers, The Defend Trade Secrets Act Bill Has Holes: What’s A Plaintiff To Do If It Passes?

State court or federal court? If the Defend Trade Secrets Act of 2014 (DTSA) (S. 2267, introduced on April 29, 2014) becomes law, then trade secrets plaintiffs — not just those who can maintain diversity jurisdiction — could...more

Sick Employees in New York City? There’s an Expanded Sick Leave Ordinance for That

Late last month, New York City Mayor Bill de Blasio signed amendments expanding the scope of the City’s Earned Sick Time Act. Starting April 1, 2014, all covered employees must begin accruing earned sick time. The amendments...more

In Da (Trade Secrets Theft) Club: $15 Million Judgment Against Rapper 50 Cent

The rapper known as “50 Cent” stole trade secrets to the tune of $15 million, an arbitrator found. A filing in the U.S. District Court for the Southern District of Florida earlier this month disclosed the final award...more

Pyrrhic Victory For Parties Seeking Fracking Fluid Disclosures

Parties advocating public disclosure of the chemical makeup of fracking fluids may have won a recent battle in Wyoming, but are they losing the war? On March 12, 2014, the Wyoming Supreme Court in Powder River Basin Resource...more

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