LexisNexis® Legal Newsroom
The Case for "Garden Leave" in California

by Tyler M. Paetkau Given California's broad prohibition against post-employment covenants not to compete, is it be possible for California employers to pay soon-to-be-former employees to sit on the sidelines for a brief period of time, such as three months or less, without running afoul of...

Independent Contractors or Employees: California’s “Work For Hire” Contracts

Much has been written (including by me) on the topic of how to distinguish an independent contractor from an employee. I have also written about the importance of "work for hire" or "freelancer" agreements when working with independent contractors to ensure that all intellectual...

Cheng on Sweeping Changes to FEHA Enforcement to Come in 2013

SUMMARY : On June 27, 2012, Governor Edmund G. Brown, Jr., signed into law Senate Bill 1038, a trailer bill to the 2012-13 State Budget, which will make sweeping changes to enforcing the California Fair Employment and Housing Act. This Emerging Issues Analysis discusses these changes and offers practical...

N.J. Facebook Privacy Law Moves Ahead

New Jersey's Facebook-Privacy law was released last week by a Senate committee. The bill, like the laws passed in Maryland , Illinois , and California would bar employers from asking employees for information about their social-media accounts. Employers had shown support for the bill except for the...

A Good Week for California's Pro-Labor Movement

Last week was a busy one at the Governor's office, where Governor Jerry Brown signed into law no less than three new laws with a pro-labor, pro-employee theme. The first two laws were a package deal, making California is the first State to enact legislation that prohibits employers and educators...

Prevailing Employer in Wage Case Can Only Recover Attorneys’ Fees if Claim Was Brought in Bad Faith

Employers may recall recent publicity in California over the extent to which an employer may recover its attorneys’ fees after prevailing in a wage and hour action. This is because Labor Code section 218.5 on its face provides that the prevailing party in any action brought for nonpayment of wages...

Employer Without Notice of Off-the-Clock Work Not Liable for Unpaid Wages

This week a California court issued a favorable decision for the employer in an off-the-clock case, holding that the employer was not liable to the plaintiff for work the plaintiff performed off-the-clock because there was no evidence that the employer knew about the off-the-clock work. While this is...

California Enacts New Law Mandating Paid Sick Leave for Employees

On September 10, 2014, California Governor Jerry Brown signed into law the Healthy Workplaces, Healthy Families Act of 2014. As a result, most employers in California will be required to provide up to 24 hours (3 days) of paid sick leave to their employees beginning July 1, 2015. The following are some...

SCOTUS Denies Petition For Cert in Iskanian

by Frances Hernandez , Marlene Nicolas and Lisa Harris On June 24, 2014, the California Supreme Court issued a controversial decision in Iskanian v. CLS Transportation Los Angeles, LLC , 2014 Cal. LEXIS 4318. While the Court in Iskanian confirmed that an express class action waiver in an employment...