No Attorneys’ Fees for Missed Meals & Breaks: Kirby v. Immoos Fire Protection, Inc.
Employers scored a significant victory with the Supreme Court's decision in Kirby v. Immoos Fire Protection (2012) 53 Cal.4th 1244. The court determined that a prevailing party in a claim [...]
Enforcing Non-Compete and Non-Solicitation Provisions in California
California employers are often concerned about their ability to prevent an employee from competing against the company, or soliciting customers or employees. In addition, employers are concerned about competitors soliciting [...]
A Flow Chart for Understanding an Employer Obligations Per EEOC Guidance on Considering Criminal Records in Employment Decisions
The EEOC issued a new guideline regarding the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964. You can read [...]
Another Example of the Anti-Business Obama Administration
I recently reported on the NLRB's new webpage on "concerted activity." To me it appears as another attempt at political pandering months before an election. This morning I read on [...]
Employer Beware — NLRB Emphasis on “Concerted Activities”
My personal opinions are interlaced with this blog posting. Nevertheless, I believe that my personal opinions might provide employers with a greater sense of government's involvement in the workplace and [...]
Anyone Can Sue Your Company for Retaliation — Fitzsimons v. CEP Med. Group
In a very compelling decision, the First Appellate District of the California Court of Appeal concluded that a non-employee can sue an employer for retaliation. In this case, a partner [...]