Employee non-compete agreements have long been a contentious issue in many states, with some arguing that they protect businesses’ intellectual property and prevent employees from sharing trade secrets, while others argue that they limit an employee’s ability to work in their chosen field and stifle competition. In California, however, the enforceability of employee non-compete agreements is heavily restricted.
Have you gotten a new job? In this video, we discuss the 4 important clauses that you should pay attention to in your employment contract or offer letter.
The National Labor Relations Board (“NLRB”) issued a decision in McLaren Macomb (“McLaren”), returning to a longstanding precedent holding that employers may not offer employees severance agreements with certain confidentiality and non-disparagement clauses that require employees to broadly waive their Section 7 rights under the National Labor Relations Act (“the Act”).
Employers are frequently confronted with allegations that employees have been misclassified as exempt from overtime pay. The inside sales exemption is one of the most misconstrued exemptions to overtime pay under both California and Federal law, which unfortunately may result in substantial liability to employers.
As with any agreement, you always want to thoroughly read through them and have a good understanding. In this video, we will discuss a few important tips when entering into a commercial lease agreement.
Last Wednesday, February 22, 2023, the US Supreme Court issued its opinion in Helix Energy Solutions Group, Inc. v. Hewitt, holding that paying an employee a day rate does not satisfy the salary basis test under the white-collar exemptions in section 13(a)(1) of the Fair Labor Standards Act.
Carrying on with our 3in3 series, we discuss why quiet quitting is not worth your time, the importance of proper employee onboarding, and the FTX Fallout.
Wage and Hour Division of the US Department of Labor (“DOL”) issued Field Assistance Bulletin No. 2023-1 to provide guidance on the application of the Fair Labor Standards Act and Family and Medical Leave Act to employees who telework (i.e., work remotely from an offsite location away from the employer’s official workplace).
Under Labor Code Section 226, employees must be given a detachable part of their paycheck or a separate writing showing required information every time they are paid their wages, whether by check, in cash, or otherwise.
Yesterday, February 15, 2023, the Ninth Circuit Court of Appeals struck down a California law, AB 51, that prohibited employers from requiring employees to sign an arbitration agreement as a condition of employment or continued employment. The Court ruled that a federal law—known as the Federal Arbitration Act (“FAA”) —preempts AB 51 because AB 51 “stands as an obstacle” to Congress’s “policy of encouraging arbitration.”
