The FTC’s national ban on non-compete agreements and related court challenges once again puts the spotlight on restrictive covenants and their continued viability in a variety of contractual scenarios.
This interactive...more
Despite California’s longstanding policies, statutes, and robust case law in the non-compete arena, the Legislature recently enacted two new provisions seeking to provide further protections against non-compete agreements in...more
12/6/2023
/ California ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Labor Reform ,
Legislative Agendas ,
Non-Compete Agreements ,
Proposed Legislation ,
Regulatory Agenda ,
Restrictive Covenants ,
State Labor Laws
Part Three of a Series Payne & Fears’ Business Litigation Group helps businesses and their owners with wide-ranging disputes. In our practice, we’ve noticed that in disputes among business partners there are common issues...more
The NCAA’s recent announcement that college athletes may sell the rights to their names, images and likenesses has created an opportunity for businesses to sign influential college athletes and leverage their considerable...more
Shirvanyan v. Los Angeles Community. College District, No. B296593, 2020 WL 7706321 (Cal. Ct. App. Nov. 30, 2020) -
The availability of a reasonable accommodation is an element of a claim under the Fair Employment and...more
1/11/2021
/ CA Supreme Court ,
Disability Discrimination ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
FEHA ,
Interactive Process ,
Preemption ,
Private Attorneys General Act (PAGA) ,
Reasonable Accommodation ,
Wage and Hour ,
Workers Compensation Act
Summary: Employers have a duty to investigate the accuracy of any criminal conviction report prior to terminating an employee on the basis of such information where there is evidence that the report may be incorrect. ...more
11/13/2020
/ Absenteeism ,
California Family Rights Act (CFRA) ,
Criminal Background Checks ,
Criminal Records ,
Employer Liability Issues ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Job Applicants ,
Judgment As A Matter Of Law ,
Labor Code ,
State Labor Laws ,
Wage and Hour ,
Wrongful Termination
Robinson v. Southern Counties Oil Co, 53 Cal. App. 5th 476 (2020) -
Summary: Res judicata bars a PAGA claim when the employer has already settled a separate PAGA claim covering the same claims and time period.
An...more
9/22/2020
/ Amended Rules ,
Appeals ,
Class Action ,
Class Certification ,
Commonality ,
Employee Handbooks ,
Employment Contract ,
Employment Litigation ,
Employment Policies ,
FRCP 23 ,
Mandatory Arbitration Clauses ,
Private Attorneys General Act (PAGA) ,
Res Judicata ,
Reversal ,
Standing
Bostock v. Clayton County, Georgia, 140 S. Ct. 1731 (2020) -
Summary: Title VII prohibits employers from discriminating against employees on the basis of sexual orientation or gender identity....more
7/15/2020
/ Altitude Express Inc v Zarda ,
Appeals ,
Bostock v Clayton County Georgia ,
CA Supreme Court ,
California ,
Class Action ,
Commuting ,
Compensation Schemes ,
Control Test ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Employment Litigation ,
Gender Identity ,
Hiring & Firing ,
IWC ,
Labor Code ,
LGBTQ ,
Mileage Reimbursement ,
Out-of-State Employees ,
Reversal ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Summary Judgment ,
Title VII ,
Transgender ,
Wage and Hour ,
Wage Orders ,
Wage Statements
In Hamlet’s Third Act, Hamlet discovers a plot against his life and resolves to counter it by letting Rosencranz and Guildenstern, whom he suspects are complicit in the plan, be "Hoist with [their] own petard," meaning, blown...more
With countless businesses having either temporarily closed or significantly reduced operations during the coronavirus pandemic, many businesses are rightfully concerned about their ability to meet obligations, and, relatedly,...more
Many employers have elected to implement a remote work policy in light of the COVID-19 coronavirus outbreak. If you are one of them, you should consider the following as you transition your workforce to a remote working...more
Frlekin v. Apple, Inc., -- Cal. -- (2020) -
Summary: The time employees spent on Apple’s premises waiting for and undergoing a mandatory exit search of personal belongings was compensable as “hours worked” under Wage...more
3/11/2020
/ Appeals ,
Apple ,
CA Supreme Court ,
Class Action ,
Contract Drafting ,
Employer Liability Issues ,
Equal Pay ,
Exit Inspections ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Hospitals ,
Job Applicants ,
Nurses ,
Privity of Contract ,
Release Agreements ,
Res Judicata ,
Right to Control ,
Salary/Wage History ,
Security Checks ,
Settlement Agreements ,
Sex Discrimination ,
Staffing Agencies ,
Teachers ,
Unpaid Wages ,
Wage and Hour ,
Wage Orders
Congratulations, your organization has decided to transition to a paperless human resources environment. While the benefits are numerous, such as increased efficiency and cost savings, the actual process of converting paper...more
For many companies, customer information ranks among its most important assets. Yet these days, employees often keep this sensitive customer information in electronic locations that are not readily accessible to or controlled...more
7/11/2018
/ Best Management Practices ,
Bring Your Own Device (BYOD) ,
Customer Information ,
Customer Lists ,
Data Protection ,
Data Scrubbing ,
Employer Liability Issues ,
Exit Interviews ,
Hiring & Firing ,
Intellectual Property Protection ,
LinkedIn ,
Passwords ,
Popular ,
Privacy Laws ,
Privacy Policy ,
Public Information ,
Risk Management ,
Risk Mitigation ,
Sensitive Business Information ,
Smartphones ,
Social Media ,
State Legislatures ,
Termination ,
Trade Secrets ,
Unfair Competition ,
User Agreements
You are in negotiations with a copyright owner to obtain a license to her work, which you want to publish, distribute, and/or license yourself. You want to ensure that you have the right to enforce the copyright against...more
On Monday, June 19, 2017, the U.S. Supreme Court in Matal v. Tam, 582 U.S._ (2017), unanimously struck down the disparagement clause of the Lanham Act, 15 U.S.C.A. § 1052(a), on grounds that it violates the Free Speech Clause...more