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Tag Archives: employment agreements

Co-Worker Non-Solicitation Provisions in Jeopardy?

Posted in Employment Contracts and Agreements, Labor Law, Trade Secrets and Competition

For years, California courts have recognized the right of employers to use non-solicitation provisions in employment agreements to prevent employees from “soliciting” their coworkers to join them at a new employer.  For instance, in 1985, a California appellate court in Loral Corp v. Moyes, 174 Cal.App.3d 268 (1985), held that a non-solicitation of fellow employees… Continue Reading

California’s New Law Restricts Choice of Law and Forum Selection Provisions in Employment Agreements

Posted in Employment Contracts and Agreements, Labor Law, New Legislation and Regulations

On September 25, 2016, Governor Brown approved a very short but powerful piece of legislation for California employees who work for employers who are based outside of California and wish to have another state’s laws govern the employment relationship. Senate Bill 1241 adds Section 925 to the California Labor Code and states expressly that after… Continue Reading

Hidden Pitfalls of Old Non-Compete Provisions

Posted in Trade Secrets and Competition

Companies and employers around the country seek to protect their intellectual property by, among other things, using non-compete provisions in employment agreements. Generally, these provisions are intended to prevent an employee from soliciting or doing business with a former employer’s customer/clients over a set period of time and/or in regard to a set geographical area…. Continue Reading

New York Times Article: Noncompete Clauses Increasingly Pop Up in Array of Jobs

Posted in Trade Secrets and Competition

What do yoga instructors, event planners and exterminators have in common?  These are fields that are reportedly witnessing an increase in the use of noncompete provisions in employment agreements.  Details of this increase in the use of noncompete provisions were reported in a New York Times article this Sunday.  Click here to view article. While… Continue Reading

Non-Competes and the “Trade Secret Exception” Revisited

Posted in Trade Secrets and Competition

We periodically discuss California law regarding non-compete provisions in this Blog. The California Supreme Court has made clear that non-compete provisions are unenforceable unless they fall within one of the statutory exceptions set out in sections 16601 et seq. (i.e., in connection with the sale of a business, goodwill, etc.).  Over the years, courts have… Continue Reading

Employers – Have You Checked Your Documents Lately?

Posted in Employment Contracts and Agreements, Labor Law

By: James Kachmar As you know, documentation is essential to performing even routine HR functions. You have potential employees fill out numerous pre-hire documents. You have employees sign employment agreements and other documents when hired. During the course of employment, you have employees sign additional documents, such as acknowledgments regarding your employee handbook, change in… Continue Reading

California Pre-Employment Arbitration Agreement Ruled Unconscionable

Posted in Employment Contracts and Agreements

By:     Chelcey E. Lieber Including arbitration provisions in employment agreements or employee handbooks is not a guaranteed way to avoid the courtroom. On January 3, 2012, the California Court of Appeal upheld a decision from the Sacramento County Superior Court holding that an arbitration provision contained in a pre-employment agreement was unconscionable, and, therefore, unenforceable.