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HTMLNinth Circuit: No-Rehire Clause in Settlement Agreements May Be Unlawful Restraint of Trade
Andrea M. Weiss, Ruth Zadikany, Lori A. Zahalka; Mayer Brown LLP;
Legal Alert/Article
May 4, 2015, previously published on April 29, 2015
Decision: In Golden v. California Emergency Physicians Medical Group, the Ninth Circuit Court of Appeals held that a no-rehire clause in a settlement agreement violated California’s broad prohibition on restrictive covenants (Business & Professions Code section 16600). In Golden, an...

 

HTMLCalifornia Appellate Court Upholds On-Duty Rest Periods
Ruth Zadikany, Lori A. Zahalka; Mayer Brown LLP;
Legal Alert/Article
April 7, 2015, previously published on January 28, 2015
Decision: In Augustus v. ABM Security Services, Inc., a California Court of Appeal reversed a $94 million judgment in a wage-and-hour class action, rejecting the plaintiffs’ theory that the company violated wage-and-hour laws by requiring some employees to remain “on call” and...

 

HTMLNinth Circuit Upholds Substantial Punitive Damages Award in Sexual Harassment Case Despite Award of Nominal Compensatory Damages
Ruth Zadikany, Lori A. Zahalka; Mayer Brown LLP;
Legal Alert/Article
April 7, 2015, previously published on January 28, 2015
Decision: In State of Arizona v. Asarco, an en banc Ninth Circuit panel held that a $300,000 punitive damages verdict in a sexual harassment case in which only nominal damages were awarded comported with due process. The plaintiffs in the underlying case successfully established liability for...

 

HTMLNLRB Holds that Employees Have Right To Use Employers’ Email Systems for Non-Work Purposes
Ruth Zadikany, Lori A. Zahalka; Mayer Brown LLP;
Legal Alert/Article
April 7, 2015, previously published on January 28, 2015
Decision: In Purple Communications, the NLRB recently held in a 3-2 decision that employees have the right to use their employers’ email systems during non-work time for non-work purposes, including for the purpose of union organizing. Noting that “the use of email as a common form of...

 

HTMLCalifornia Court Extends Whistleblower Protections to “Perceived Whistleblowers”
Ruth Zadikany, Lori A. Zahalka; Mayer Brown LLP;
Legal Alert/Article
February 26, 2015, previously published on December 19, 2014
Decision: In Diego v. Pilgrim United Church of Christ, a preschool employee alleged she was wrongfully terminated from her employment in violation of public policy as a result of the school director’s mistaken belief that she had lodged a complaint with the Department of Social Services,...

 

HTMLNew California Employment Laws Impose Additional Responsibilities On Employers
Marcia E. Goodman, Andrea M. Weiss, Ruth Zadikany, Lori A. Zahalka, John Zaimes; Mayer Brown LLP;
Legal Alert/Article
December 2, 2014, previously published on October 31, 2014
Development: California Governor Jerry Brown has signed a series of bills aimed at increasing protections for California workers. Most notable are the implementation of a paid sick leave requirement in California and a new law that imposes statutory joint employer liability on companies that use...

 

HTMLCalifornia Court of Appeal Holds That A Parent Holding Company May Be Liable for the Unlawful Wage and Hour Practices of a Subsidiary
Marcia E. Goodman, Andrea M. Weiss, Ruth Zadikany, Lori A. Zahalka, John Zaimes; Mayer Brown LLP;
Legal Alert/Article
December 2, 2014, previously published on October 31, 2014
Decision: In Castaneda v. The Ensign Group, the California Court of Appeal issued a published decision holding that a corporate parent that has no employees can be found liable for its subsidiary’s nonpayment of overtime and minimum wages to employees if the parent wholly owns the subsidiary...

 

HTMLCalifornia Supreme Court Ups the Ante for Employers to Meet the Commissioned Employee Exemption
Andrea M. Weiss, Ruth Zadikany, Lori A. Zahalka; Mayer Brown LLP;
Legal Alert/Article
August 30, 2014, previously published on August 21, 2014
Decision: The California Supreme Court recently issued a unanimous decision in Peabody v. Time Warner Cable, Inc., clarifying several issues regarding employer commission plans. Under Time Warner’s commission plan, employees had to meet three specified conditions to “earn” their...

 

HTMLCalifornia District Court Reaffirms that Collective Bargaining Agreements Define When Overtime Begins
Andrea M. Weiss, Ruth Zadikany, Lori A. Zahalka; Mayer Brown LLP;
Legal Alert/Article
August 30, 2014, previously published on August 21, 2014
Decision: In Kilbourne v. Coca-Cola Company, the US District Court for the Southern District of California granted partial summary judgment in favor of Coca-Cola in connection with a former employee’s overtime claims. The court held that, although California Labor Code Section 510 sets forth...

 

HTMLDelegation Clause Directing an Arbitrator to Decide Enforceability of an Arbitration Agreement Enforceable in California
Andrea M. Weiss, Ruth Zadikany, Lori A. Zahalka; Mayer Brown LLP;
Legal Alert/Article
June 30, 2014, previously published on June 24, 2014
Decision: In Tiri v. Lucky Chances, Inc., the defendant-employer filed a motion to compel arbitration of its former employee’s wrongful discharge action. The parties had entered into a written arbitration agreement that contained an explicit agreement to delegate to the arbitrator any...

 


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