On August 30, 2011, the National Labor Relations Board (“NLRB”) adopted a rule that would require certain employers, including non-union employers to post a notice to employees explaining their rights under the National Labor Relations Act (“NLRA”). The implementation date was originally set for November 14, 2011. However, due to a number of lawsuits challenging the rule, the implementation date was delayed and the NLRB announced that the rule would not go into effect until January 31, 2012. Continue Reading Non-Union Employers Beware – You Are Likely Required To Post The NLRB’s New “Employee Rights” Poster
Is An Online Rolodex a Trade Secret?
Probably not. The case law of many states is littered with what are sometimes referred to as “rolodex” cases. These cases typically involve a departing employee who takes a rolodex (or other collection of customer or vendor information) that was created while on the former employer’s payroll. The former employer claims the rolodex is company
When Can a Supervisor be Held Individually Liable for Discriminating Against an Employee Based on His or Her Military Status? It Depends on Whether Federal or California Law Applies
By: Lizbeth V. West, Esq.
Most employers are aware of the federal law known as the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”) which is designed to protect those who serve in the armed forces from discrimination and retaliation. However, many California employers are unaware that section 394 of the California Military and Veterans Code also prohibits employers from discriminating against members of the armed forces (“Section 394”). Therefore, an employee who believes he/she has been discriminated against based on his/her military status has the right to pursue a claim under one or both laws.Continue Reading When Can a Supervisor be Held Individually Liable for Discriminating Against an Employee Based on His or Her Military Status? It Depends on Whether Federal or California Law Applies
LAWSUIT ALERT: Groupon Sues Departing Employees for Taking Trade Secrets
On October 21 2011, Groupon, Inc. sued two former sales managers who left their employment with Groupon to join a competing venture, Google Offers, which was allegedly started by Google after its unsuccessful attempt to buy Groupon. The lawsuit, which was filed in Chicago, Illinois, accuses the two former employees of breaching their employment agreements
Wage and Hour Refresher: Are You Committing a Misdemeanor?
By: Chuck Post
Because employers and employees have the right to reach agreement as to the terms, conditions and nature of the work, many employers believe that anything they can get an employee to agree to is legal and permissible. This notion can lead an employer into a violation of law. Some obligations, however, such as the obligation to pay overtime to non-exempt workers, the provision of worker’s compensation, and the obligation to provide a safe work environment (to name just a few) cannot be bargained away. An employee’s agreement to surrender these statutory protections is void, and can also constitute a violation of criminal law.Continue Reading Wage and Hour Refresher: Are You Committing a Misdemeanor?