Posted on March 20, 2017 by CEB
The 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.
Now is a particularly good time for California employers to update and revise their agreements with employees respecting trade secrets and other confidential and proprietary information (NDAs), based on several recent, noteworthy legal developments. Review your NDAs and make these three changes. Continue reading
Filed under: Compliance/Best Practices, Employment Law, Legal Topics, New Legal Developments | Tagged: employers and employees, employment policies, nondisclosure agreements, trade secrets | Leave a comment »
Posted on March 13, 2017 by Julie Brook, Esq.
Employers not only may be held liable for workplace harassment, but they have the potential for separate liability for not taking reasonable steps to prevent the harassment from occurring. Govt C §12940(k). One step every employer should take is to draft and disseminate an anti-harassment policy. Note that the mere existence of a policy prohibiting harassment isn’t enough to shield the employer from liability. To work as a shield, the policy must be adequate and it must be distributed to employees. Does your client’s policy include all of the elements in this checklist? Continue reading
Filed under: Compliance/Best Practices, Employment Law, Legal Topics | Tagged: employee handbook, employment policy, harassment policy, HR, human resources, sexual harassment | 2 Comments »
Posted on February 10, 2017 by Julie Brook, Esq.
When you’re negotiating settlement of an employment action, you have much more to consider than just “how much money.” There are many nonmonetary remedies that can—either alone or combined with money—bring the parties to agreement. And how money is paid out can also be a good bargaining chip. Continue reading
Filed under: Civil Litigation, Employment Law, Legal Topics, Litigation Strategy, Settlement Negotiation | Tagged: employees, employers, employment actions, employment discrimination, employment litigation, negotiation, non-monetary settlement terms, settlement, wrongful termination | 1 Comment »
Posted on January 11, 2017 by Julie Brook, Esq.
Employers often set up an “introductory” or “probationary” period for initial evaluation of new employees. There’s often a performance evaluation at the end of this period, and employers may believe they have every right to let an employee go if this evaluation is negative. But watch out: Unless employers take the proper precautions, probationary periods may create implied contractual rights to employment on successful completion of the probationary period. In other words, employers may be stuck with the employee despite a poor post-probationary period evaluation. Continue reading
Filed under: Compliance/Best Practices, Employment Law, Legal Topics | Tagged: at-will employment, employee handbook, employee on probation, employment policies, human resources, implied contract, probationary period | 2 Comments »
Posted on December 12, 2016 by Julie Brook, Esq.
Were you able to keep track of the new legislative changes that will affect California employers and employment lawyers? Don’t worry, we did and here’s an overview of some of the key statutory changes you need to know about. Continue reading
Filed under: Employment Law, Legal Topics, New Legal Developments | Tagged: employees, employers, Employment Law, equal pay, job applicants, minimum wage, new statutes, PAGA, smoking ban | 1 Comment »
Posted on November 30, 2016 by Julie Brook, Esq.
Who owns an employee’s inventions? This is an issue that’s vitally important to many businesses, particularly those in the tech industry. Most companies are taking a proactive step by requiring employees to sign invention assignment agreements as a condition of their employment. Here are some tips for drafting these agreements for the employer’s maximum protection. Continue reading
Filed under: Business Law, Employment Law, Legal Topics | Tagged: confidentiality agreement, employees, employers, employmen, invention assignment agreement, trade secrets | 1 Comment »
Posted on November 16, 2016 by Julie Brook, Esq.