Employment Contracts and 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

By:James Kachmar

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

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

By: Brendan J. Begley

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

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 employment status documents, etc. But have you sat down recently to review whether all of the documents you are having employees sign are consistent? The recent case of Grey v. American Management Services demonstrates why you should.


Continue Reading Employers – Have You Checked Your Documents Lately?