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 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 November 16, 2016 by Julie Brook, Esq.
Posted on October 3, 2016 by Julie Brook, Esq.
Although prohibiting gender-based wage discrimination since 1949, California’s Equal Pay Act (Lab C §1197.5) was rarely used as a basis for litigation because its language made it difficult for an aggrieved plaintiff to establish a successful claim. But now that the legislature has amended it, §1197.5 may become more popular with plaintiffs. And employers get more clarity about what is and isn’t allowed.
Filed under: Compliance/Best Practices, Employment Law, Legal Topics, New Legal Developments | Tagged: employees, employers, employment policies, Equal Pay Act, Fair Pay Act, gender discrimination, pay discrimination | Leave a comment »
Posted on September 21, 2016 by CEB
The following is a guest blog post by Jeffrey D. Polsky, a partner at Fox Rothschild LLP, where he counsels employers on California employment law issues, represents them in litigation, and writes for Fox Rothschild’s California Employment Law Blog.
Should employers have mandatory arbitration agreements with their employees? Having tried and arbitrated dozens of cases on behalf of employers, here are what I see as the pros and cons—and where I stand on the question. Continue reading
Filed under: Business Law, Compliance/Best Practices, Employment Law, Legal Topics | Tagged: arbitration provision, contractual arbitration, employees, employers, employment agreement, employment contract, employment litigation, mandatory arbitration agreement | 5 Comments »
Posted on August 31, 2016 by Julie Brook, Esq.
There are so many federal and California laws giving employees the right to take time off work that it’s not surprising to find more than one law governing a particular employee’s leave or absence. But there are two rules of thumb that help employers navigate this often complicated area. Continue reading
Filed under: Compliance/Best Practices, Employment Law, Legal Topics | Tagged: disability leave, employee benefits, employee leave, FMLA, leave laws, pregnancy leave | 1 Comment »