Top 10 Trade Secrets and Unfair Competition Developments

ThinkstockPhotos-497444296The following is a guest blog post by Tyler M. Paetkau, Hartnett, Smith & Paetkau, Redwood City, CA. Tyler represents employers in all aspects of employment and labor law, including counseling and litigation regarding trade secrets and unfair competition.

There were several noteworthy developments in 2015 in the area of trade secrets and unfair competition. This post focuses on developments affecting California employers. Due to the unsettled nature of some of the law, this update includes citations to some significant federal district court decisions in 2015, so that California employers can understand and plan for the trends at the trial court level. Here are the Top 10 key developments and lessons from 2015. Continue reading

Stop Trade Secret Thieves Before They Leave

ThinkstockPhotos-482975110One of the most likely times to lose trade secret protection occurs when an employee leaves the company. If there are feelings of resentment, the employee may want to harm the employer, or the employee may mistakenly feel that he or she will be more valuable to a new employer by bringing such information. Regardless of reason or intention, companies need a trade secret protection plan in place to prevent trade secrets from leaving with their employees. Here are some tips for adding protection to the exiting process. Continue reading

Wage and Hour Law Continues to Be Hot

ThinkstockPhotos-475133274The number of federally filed wage and hour cases hit a new high in 2015, and, as Corporate Counsel reports, this trend is likely to continue in 2016. Similarly, California’s Division of Labor Standards Enforcement is increasingly cracking down on employer wage and hour law violations. As employment lawyers see wage and hour cases becoming an increasingly large part of their practices, others may be looking to get into the area. Here are some basics to know and tips for those who represent multistate employers. Continue reading

New Year, New Laws for Employment Lawyers

464956543The California legislature has enacted several new laws that will affect every employer and employment lawyer in 2016. Here’s an overview of some of the key statutory changes you need to know about. Continue reading

Heads Up Employers: New Law Limits Use of E-Verify

interview_80608276The following is a guest blog post by James C. Anderson of Triebsch & Frampton, APC, in Turlock, California. Mr. Anderson practices in the areas of labor law, employment law for management, business transactions, and civil litigation. 

Many California employers use the federal electronic employment verification system, better known as E-Verify, to validate whether the employees they hire are authorized to work in the United States. E-Verify has been a relatively easy and low-risk verification system to use, but that may change with a new law that penalizes the use of E-Verify to check the employment authorization status of someone who hasn’t been offered employment.  Continue reading

Give Paid Time Off or Sick and Vacation Leave?

Is it better for an employer to operate under a paid time off (PTO) policy or to have vacation and sick leave policies instead? A PTO policy is very appealing because it’s more straightforward and seems easier to administer, but there are downsides to taking that route. Continue reading

BYOD = BYOA (Aspirin)

ThinkstockPhotos-76800137The following is a guest blog post by Perry L. Segal, an eDiscovery attorney with more than 25 years of combined experience in law and technology. He regularly writes on the subject at eDiscovery Insights.

In a side-by-side comparison between the benefits and detriments of BYOD (Bring Your Own Device), there’s no doubt that allowing BYOD might seem likely to yield productivity gains and other benefits for the company. But from a technology-management standpoint, BYOD causes great difficulty. If I were consulted, here’s why I’d likely fall into the “against” group.

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