Plaintiffs Hernandez and Lopez were employed by Hillsides Children Center, Inc., which provided services to children with special needs and who were abused. Hillsides discovered that someone was accessing pornographic websites on a computer located in the Plaintiffs’ office late in the evening.
The employer, citing its mission to protect abused children and to protect
The case of David Donatelli is a good reminder to employers how important choice of law provisions can be in noncompetition agreements. The Trade Secrets and Noncompete Blog recently chronicled a fight between EMC Corp (based in Massachusetts) and Hewlett Packard Co. (based in California) over the enforceability of a noncompetition agreement with a former
The Wall Street Journal recently wrote about how employees are surprised after being given notice that they have been laid-off that they cannot retrieve personal (and business related) information from their computers. The author notes that with advances in technology that often times blur the boundaries between work and personal pursuits, many employees are hit
I completed two seminars (one for California and the other nationwide) last week for BLR on conflict management in the workplace, and I thought it would be a good time share a few additional thoughts on the topic. I’ve encountered a lot of skepticism about this topic – especially from other lawyers – that it
The DOL is offering a couple of webcasts to discuss employers’ and third parties’ obligations under the American Recovery and Reinvestment Act of 2009 (ARRA). ARRA provides for COBRA premium reductions and additional election opportunities for continuation coverage. The webcasts are an effort to assist employers in complying with the new requirements.
The presentation available
What does the agreement have to be titled?
I was recently asked if the severance agreement needs to have a specific title in order to be valid. The title does not have to contain specific words, and are usually titled "general release" or "severance agreement." The title, unless it is clearly erroneous or confusing, does
As long as employers are given reasonable advance notice, employees are entitled to take time off to serve as a juror or as a witness if subpoenaed to appear at trial. Employers may not discriminate or otherwise punish an employee for taking time off to serve as a juror or a witness.
Pay During Jury
Question: May I require my employees to wear a particular uniform?
California law allows employers to require employees to wear particular types of clothing or uniforms to work. If an employer requires non-exempt employees to wear a uniform, the employer must pay for and maintain it for the employee. What constitutes a "uniform" is not
Google Latitude, a new Google application allows users to track the physical location 
of other people through a mobile phone or computer. While the GPS tracking technology is nothing new, the amazing aspect of this is how inexpensive tracking technology has become. Many employers have already implemented GPS tracking, but now with Google’s basically
California law treats “tips” (defined as any discretionary gratuity left by a customer for a server) as a strange kind of compensation — which may belong to the employee who initially received the tip, other employees involved or, for certain purposes, even the employer itself. Given the confused property rights involved, businesses are often unsure