California companies’ authority to prevent employees from being recruited away by means of non-solicitation agreements appears to be crumbling. While we await the California Supreme Court to weigh in with an explicit ruling, several recent cases — particularly a decision in April — signal a shift in favor of employees. If you’re grappling with a former employer, we can help you understand your legal options as the law evolves. Non-solicitation provisions, which are fairly common in … [Read more...]
The California Consumer Privacy Act is coming – who qualifies, and what will it mean for you?
The nation’s toughest privacy law takes effect in California on Jan. 1, offering residents the most comprehensive protection for their personal information. The California Consumer Privacy Act of 2018 gives consumers the right to know what data a business is tracking, why, and how that data is used. It also requires businesses to comply with deletion requests and to treat the same as any other consumers those who opt out of having their information shared (i.e. no charging higher prices or … [Read more...]
Navigating the legal potholes of GPS tracking
While the convenience of GPS-enabled devices is undeniable, there’s a flip side: they give employers a tool that can be used to track workers in real time. And at some point, that tracking crosses a line. Smart phones, watches, vehicles and other GPS-enabled devices have become ubiquitous, inside and outside the workplace. Surveys found more than a quarter of U.S. companies provide employees with mobile phones; more than half use apps that enable mobile access to critical enterprise … [Read more...]
Court: Poor record keeping doesn’t let an employer underpay workers
If you’re working long hours but not getting overtime pay, the courts are on your side, even if you don’t have an exact record of all your hours. In a recent California case, an appeals court determined that a sales and marketing director who put in extra hours should receive a payout, even though the trial court had found his testimony about his work hours too vague to calculate damages. The employee, Terry Furry, worked for the East Bay Express, a weekly newspaper based in Oakland, … [Read more...]
If you’re on call, you must be paid: New ruling
If your employer requires you to be on call for work, you must be paid, even if you don’t end up actually working, according to a California appellate court. This can be a confusing gray area for employees, but the court made it crystal clear: Requiring employees to be on call but not paying them anything if they don’t work is “abuse,” according to a 2019 ruling. These flexible scheduling practices could apply to many industries — particularly consumer-facing roles such as sales staff, retail … [Read more...]
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