On May 11, 2016, President Obama signed the Defend Trade Secrets Act of 2016 (DTSA) into law. The new law creates a right for an “owner of a trade secret” to bring a civil claim in federal court for the misappropriation of such and obtain remedies that...
Advising And Defending Businesses
Employment Law
Public Works Contractors Are Now Required To Pay Apprentices Prevailing Wage For Pre-employment Testing, Training, And Examinations
Assembly Bill 1926, which was approved by Governor Brown on September 28, 2016, amends Labor Code section 1777.5 to require, in most circumstances, that apprentices who are dispatched to Public Works projects to undergo testing, training, an examination, or other...
Your Business Needs Well-Written Job Descriptions ASAP
A job description that accurately reflects the essential functions of an employee’s position with a company may become the holy grail of personnel documents for an employer in employment litigation. Yet, employers all too often fail to use, or misuse this...
Calculating Paid Sick Leave for Commissioned and Exempt Employees
The Healthy Workplaces, Healthy Families Act of 2014 (California’s Paid Sick Leave Law) became effective on July 1, 2015, and requires employers to provide three workdays or 24 hours of paid sick leave per year to each of its employees (with certain conditions and...
Lawsuit Seeks to Prevent Enforcement of California’s Anti-Arbitration Law
On December 6, 2019, several business organizations filed a lawsuit in the U.S. District Court for the Eastern District of California challenging the legality of Assembly Bill No. 51. AB 51 generally prohibits employers from requiring applicants and employees to enter...
Overtime Rules Change in the Agricultural Occupations on January 1, 2020
In 2016, Assembly Bill No. 1066 created a timetable for agricultural workers to receive overtime compensation. Effective January 1, 2020, agricultural employees who work for employers with 26 or more employees must receive premium pay for all hours worked over 9 hours...
Meal Periods Shortened by Employer to Less Than 30 Minutes Results in Substantial Liability
On November 30, 2018, the Court of Appeal in Kaanaana v. Barrett Business Services, Inc. made clear that an employee’s right to a duty-free 30-minute meal period is separate and distinct from his or her right to be paid one hour of “premium pay” for...
A Legitimate Company Policy Mistakenly Applied Results in Disability Discrimination Liability
On November 12, 2019, a court of appeal in Glynn v. Superior Court reversed a trial court’s order granting an employer summary adjudication of an employee’s disability discrimination and retaliation claims. A temporary employee in the employer’s benefits department...
Are All Your Notices And Posters Up To Date?
All employers in California are required to post numerous notices in areas frequented by their employees. The notices are intended to inform employees of their rights under various federal and state employment-related laws. Often a federal or state agency, however,...
Construction Employer’s CBA May Waive PAGA Claims
On September 19, 2018, Governor Brown signed Assembly Bill No. 1654. Effective January 1, 2019, AB 1654 modifies the Private Attorneys General Act of 2004 (“PAGA”) and exempts an employee in the construction industry from its coverage with...