If you thought all the news from the NLRB these days had to do with Posters and Recess appointments, think again. On January 6, 2012, the National Labor Relations Board emphatically rejected an arbitration agreement that required employees to waive their class action rights. This opinion squarely rejected the U.S. Supreme Court ruling last year in AT&T Mobility v. Concepcion, wherein SCOTUS approved of class action waivers in compulsory arbitration agreements.
Continue Reading Class Action Waivers in Arbitration Agreements: One Step Forward, Two Steps Back! Class Action Waivers a Violation of the National Labor Relations Act
Uncertain Future: Are Agreements Not to Solicit Employees Still Enforceable?
California courts have long held that agreements that prohibit a former employee from hiring a former co-worker are void. These decisions are based on California’s fundamental public policy (which is codified in Business & Professions Code section 16600) protecting workers’ rights to pursue any lawful trade or profession. With only a few narrow exceptions, California
Misclassfied As A Matter of Law?: Not So Fast Say the Supremes!
The California Supreme Court recently addressed whether insurance claims adjusters qualify for the administrative exemption under California law. (Harris v. Superior Court (Liberty Mutual Insurance Co.).) The Court’s decision in late December 2011, focused on the issue of the “administrative/production worker dichotomy.” Here the Court was looking at whether employees who fall on the “production” side can ever qualify for the administrative exemption.
Continue Reading Misclassfied As A Matter of Law?: Not So Fast Say the Supremes!
San Francisco: Incubator for Bad Employment Laws
laborDriving across the San Francisco Bay Bridge still provides one of the most beautiful views of any City I have seen in the United States. However, once off the bridge, you witness business owners besieged by a Frankenstein type laboratory of unfriendly employment laws. There is little doubt in my mind that, but for the view from the bridge, San Francisco would be Barstow, with nary a business in sight due to anti-employer laws. While these awful employment laws are good news for surrounding employer friendly counties, such as San Mateo, Santa Clara, Marin, and Contra Costa, we must remain vigilant to ensure these toxins do not get dumped in the Bay to spread like the plaque they are.
Continue Reading San Francisco: Incubator for Bad Employment Laws
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