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 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 June 13, 2016 by Julie Brook, Esq.
Smoking in California workplaces has been prohibited for decades. But just because you see or smell tobacco smoke in a workplace doesn’t mean the law is being broken. Understand the law and its exclusions so you can properly advise your clients. Continue reading
Filed under: Compliance/Best Practices, Employment Law, Legal Topics | Tagged: employees, employers, employment policies, smoking ban, workplace policies, workplace smoking | 2 Comments »
Posted on June 6, 2016 by CEB
The following is a guest blog post from Gina Roccanova. Ms. Roccanova is a Principal at Meyers Nave and Chair of the Labor and Employment Practice Group, where she serves public and private clients with nearly 20 years of experience in negotiations, counseling, litigation, arbitration, and training.
With political backing from Lt. Governor Gavin Newsom, financial support from Sean Parker, and a significant coalition of pro-legalization groups, the Adult Use of Marijuana Act (AUMA) is likely to appear on the California ballot in November. According to numerous polls, a wide majority of voters support the initiative. If it passes, adults age 21 and over will have the right to possess, use, and grow limited amounts of marijuana for personal, recreational use. What does this mean for California employers? The answer depends on a situation that’s increasingly familiar in today’s world: employers will have to balance the pros and cons inherent in following the regulatory status quo against responding to changing societal views. Continue reading
Filed under: Compliance/Best Practices, Employment Law, Legal Topics, New Legal Developments | Tagged: Adult Use of Marijuana Act, drug testing, employees, employers, employment policies, marijuana legalization | 1 Comment »
Posted on August 3, 2015 by Julie Brook, Esq.
Once a company grows to 20 employees or more, it may be time to create an employee handbook. Here are some common objections to this formality and how to overcome them. Continue reading
Filed under: Employment Law, Legal Topics | Tagged: employee handbook, employers, employment policies, HR, start-up | Leave a comment »