On September 7, 2012, the National Labor Relations Board (NLRB) issued an opinion in Costco Wholesale Corp. v. NLRB. The case is an important one for all employers (regardless of whether their employees are union or non-union). It deals with the NLRB’s continuing focus on what it believes to be over-reaching employment policies that violate Section 7 and/or 8 of the National Labor Relations Act (NLRA). In fact, in the last 12 months, the NLRB’s Acting General Counsel has issued three reports on the issue. Continue Reading DO YOUR EMPLOYMENT POLICIES VIOLATE THE NATIONAL LABOR RELATIONS ACT? You’d Be Surprised – But They Very Likely Do!
Employment Contracts and Agreements
Another Door Closes on Non-Compete Agreements
By: James Kachmar
Readers of this blog will note that we frequently remind them that California law generally prohibits non-compete agreements. There are very limited exceptions to this general rule, one being that the seller of goodwill in a business can be bound by a valid non-compete agreement to protect the goodwill that is being purchased. Sometimes, the buyer of a company will want to continue to employ certain key employees, who can also be the sellers of the goodwill of the former company. We have seen instances where the purchasing company gets creative and subjects the seller/key employee to two covenants not to compete, one in the purchase agreement and the other in an employment agreement. Last week, a California appellate court shut the door on this approach in the case Fillpoint, LLC v. Maas.Continue Reading Another Door Closes on Non-Compete Agreements
Employers: Relying on an Arbitration Provision In Your Employee Handbook May Not Protect You
By Ramona Carrillo on
Posted in Employment Contracts and Agreements
As this blog frequently reminds its readers, California state courts take a hard look at arbitration agreements in the employment context. The recent case: Sparks v. Vista Del Mar Child & Family Services, from the Second Appellate District of California provides additional support for why employers need to be extra careful in establishing enforceable arbitration provisions.Continue Reading Employers: Relying on an Arbitration Provision In Your Employee Handbook May Not Protect You
UPCOMING SEMINAR: Protecting Trade Secrets – How to Manage Employee Use of Proprietary Information
Thursday, May 17, 2012
9:00 a.m. – Registration and Breakfast
9:30 a.m. – 11:30 a.m. – Program
400 Capitol Mall, 11th Floor, Sacramento, CA
Can You Keep a Secret?
From trade secrets like product recipes and algorithms to confidential details about financing, customers and costs, all businesses have information that could be devastating if it were to fall into a competitor’s hands.Continue Reading UPCOMING SEMINAR: Protecting Trade Secrets – How to Manage Employee Use of Proprietary Information
Closing The Gap Left By Brinker RE Meal-And-Rest-Period Class Actions
By Ramona Carrillo on
The California Court of Appeal this week provided a shield to employers against attacks left open by the state Supreme Court’s momentous decision earlier this month concerning meal and rest periods. The appellate court in Kinecta Alternative Financial Solutions Inc. v. Superior Court (Malone), No. B235491, decided that a trial court in Los Angeles should have dismissed class-action allegations in a meal-and-rest-period lawsuit.Continue Reading Closing The Gap Left By Brinker RE Meal-And-Rest-Period Class Actions