California v. Starbucks

California v. Starbucks

The California Supreme Court recently ruled against Starbucks regarding its practice of not paying employees for alleged “de minimis” work performed after clocking out. Starbucks had a practice of having their employees perform certain administrative and clean up duties after…

The ABCs Of Independent Contractors

The ABCs Of Independent Contractors

The California Supreme Court recently adopted the “ABC” Test to determine whether a person is an employee versus an independent contractor. The classification of an individual performing services for an operating company has long been an area of ambiguity and contention.…

Employment Practices Liability Insurance (EPLI)

Employment Practices Liability Insurance (EPLI)

Where the law is not clear, or you are in an area with a lot of litigation, that often translates into financial risk in the form of litigation costs.  One way to mitigate the risk is to obtain insurance. For…

Female Director of Client Solutions Files Suit Against Digilant

Female Director of Client Solutions Files Suit Against Digilant

FOR IMMEDIATE RELEASE Female Former Director of Client Solutions Sues Digilant:  Suit Highlights Disability Discrimination, Failure to Provide Accommodation, Failure to Engage in an Interactive Process, Failure to Prevent Discrimination, Retaliation, Wrongful Discharge in Violation of Public Policy and Unfair…

California Leave Laws

California Leave Laws

This is one of the most complicated areas of California Labor Law.  Employers are obligated to provide an ever-changing array of leaves to employees who qualify. Some leaves come with job protection and some do not. On the employee side,…

A Primer on FEHA and EEOC Mediation

A Primer on FEHA and EEOC Mediation

What is FEHA?  FEHA is the acronym for the Fair Employment and Housing Act, which references the set of California Statutes defining and prohibiting illegal discrimination in housing and employment.  The California agency that enforces these laws is the California…

Puerto Rican American Bilingual Tuition Financing Consultant sues TIAA-CREF

Puerto Rican American Bilingual Tuition Financing Consultant sues TIAA-CREF

FOR IMMEDIATE RELEASE Puerto Rican American sues TIAA-CREF:  Suit Highlights Wrongful Termination, Race Discrimination, National Origin Discrimination, Harassment, Failure to Prevent Harassment, Retaliation, Retaliatory Discharge, Statutory Unfair Competition, Intentional Infliction of Emotional Distress and Negligent Infliction of Emotional Distress at one…

California BPC 16600: Non-Competition Agreements Revisited

California BPC 16600: Non-Competition Agreements Revisited

In the recent case of Golden v. Cal. Emergency Physicians (9th Cir. 12-16514 4/8/15), the 9th Circuit revisited California’s stark prohibition against non-competition agreements (aka non-compete agreements). In this case, the Court held that the district court “abused its discretion”…