By Sherry Bragg

Businesses at every level – from Fortune 500 companies to solo-inventor enterprises – rely on trade secret protections to safeguard their intellectual property trade secrets. American companies and innovators now have additional protections for their valuable intellectual property assets in the newly enacted federal Defend Trade Secrets Act (DTSA). This legislation represents the most significant trade secret reform legislation in years.

Essentially, the DTSA extends the current Economic Espionage Act of 1996, which criminalizes certain trade secret misappropriations, and allows trade secret owners the opportunity to pursue claims in federal court under federal law, in addition to traditional state court claims. The new federal trade secrets law also presents some very important practical considerations for businesses.

First, the DTSA has a broad reach, and it will likely affect every aspect of a company’s operations. Trade secret issues arise every time a company hires or fires an employee; every time a company enters into a contract containing a non-disclosure or confidentiality clause; and every time an employee discusses the company’s business with a business partner, the public, or friends. All of these activities are now governed by the DTSA.

Second, the DTSA will potentially increase the legal costs associated with protecting a company’s trade secrets. Because of the overlap between the DTSA and state law, companies will need to incur additional costs in order to understand and conform their practices to accommodate both sets of laws. When dealing with trade secret litigation, companies will now have to prosecute or defend against both state and federal claims, adding to the already expensive cost of litigation.

Finally, for better or for worse, the DTSA may create greater opportunities for trade secret owners to win more cases, and to file more lawsuits. By providing plaintiffs with another set of laws and another venue in which to litigate, the DTSA creates more strategic avenues to success. The increased odds of success could spur more litigation, some of which may be for illegitimate or anti-competitive reasons. This, again, could increase litigation costs.

For these reasons, companies would be wise to educate themselves on the DTSA in order to take advantage of, and protect themselves from, the important legal and business consequences of this new federal trade secret law.

For more information about Sherry Bragg and her practice, please visit her attorney BIO: http://www.weintraub.com/attorneys/sherry-s-bragg.

A recent National Labor Relations Board (NLRB) decision affirmed the Board’s position on employer email policies under the National Labor Relations Act (NLRA).   In Purple Communications, Inc. and Communications Workers of America, AFL-CIO the Board held that employees who may use their employer’s email system for work-related communications have the right to send off-the-clock email communications through their work email system that are protected under the NLRA.  The Act applies to most employees in the private sector, regardless of whether they are unionized, and gives employees the right to participate in activities or communications that are for their mutual aid or protection regarding the terms and conditions of employment.  This could include complaints about management, wages, shift schedules, or safety concerns.

To read the full article, visit the HRUSA page at: http://blog.hrusa.com/blog/recent-nlrb-decisions-on-email-and-protected-activities/.

The California Department of Industrial Relations (DIR) updated all but Wage Order 14 and 17 recently.  The DIR regulates wages and hours for employees.  The Division of Labor Standards Enforcement (DLSE) enforces the provisions of the wage orders, including the posting requirements.  The Wage Orders are numbered 1 through 17.

The most recent updates were made to reflect the increases in California’s minimum wage.  (To read more on the minimum wage increase, visit my prior L&E Blog here.)  The update shows the minimum wage for 2017 and 2018 as follows:

Effective Date          26 or More Employees         25 or Fewer Employees

January 1, 2017                        $10.50                                               $10.00

January 1, 2018                        $11.00                                               $10.50

Employers are required to post a copy of the applicable Wage Order in an area frequented by employees, such as a breakroom or your employee entrance.  The Wage Orders must be printed on 8.5″ x 11″ paper.  If you are unable to post the Wage Order because of the work location or other conditions, you should inform employees that they may request a copy of the Wage Order from you.  While the Wage Order does not specify what penalties can be imposed for failure to comply with the posting requirements, it is likely Private Attorney General Act (PAGA) penalties could be recovered by employees and/or the DLSE for noncompliance.  PAGA’s default penalty provision under Labor Code section 2699(f) permits the recovery of a penalty of $100 per employee for initial violations, and subsequent penalties in the amount of $200 per employee per pay period.The updated version of the Wage Orders contains a revision date of “12/2016.”  Employers can find this date on the cover page for each Wage Order.J. Schoendienst 20

Given that there are 17 different Wage Orders it may be unclear as to which Wage Order each employer must post.  The DLSE has published a pamphlet to help guide employers in determining which Wage Order must be posted.  This pamphlet can be found here.

Electronic versions of the Wage Orders for posting can be obtained from the DIR Industrial Welfare Commission Wage Order webpage here.  Printed versions of the Wage Orders can be obtained by contacting a local DLSE district office.  A listing of these offices can be found here.

If you have questions about these revisions or which Wage Order applies to you, the attorneys in Weintraub Tobin’s Employment Law Group can assist you.  Contact any one of us if we can be of assistance.

Imagine this: Your business lies within a zone that is subject to a mandatory evacuation order from emergency response and law enforcement officials.  Imagine that the evacuation order arises from a fire or imminent flooding.  What do you do?  Shut your business and get out of course.  Most evacuation orders are short lived and the hazardous conditions are realized or not within a short period of time.  But what happens when the evacuation order persists for a number of days or even weeks?  Your plant operations or business remains shut down.  You may have compelling business interests that demand attention during an extended evacuation order.  You may need to respond to security alarms and alerts, or ensure that the premises are adequately secured.  There may be a fear of product spoliation or destruction, and you may face a serious temptation to send a minimal or skeleton crew into the area covered by the evacuation order in order to ensure that those business concerns are addressed.

Lawyers are trained to look at scenarios like this in reverse.  The employer sends a skeleton crew in to secure the premises or ensure that essential processes are completed or that products do not spoil. Something bad then happens.  The wildfire burns down the surrounding area or the flood arrives and employees are injured.  Now what?

To read the full article, visit the HRUSA blog at http://blog.hrusa.com/blog/managing-your-business-under-mandatory-evacuation/

The Labor & Employment attorneys at Weintraub Tobin specialize in Mediating employment disputes both pre and post litigation. Employment disputes are some of the most contentious and aggressively litigated cases in federal and state courts. The employee is adamant that the employer treated him or her unjustly and violated the law, and the employer reasonably believes that it acted fairly and the employee’s claim is without merit. Based on the disruption and negative impact this type of aggressive and protracted litigation can have on the lives and businesses of those involved, mediation is a smart and worthwhile alternative. For more information, please visit our Employment Mediation Page.