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Got Labor Pains: The Blog

NDA2

Can I Discuss My Former Employer in a Court Filing? California Lawsuit Addresses Conflict Between Confidentiality Agreement and Anti-SLAPP Motion

By Scott • Wagner and Associates |

Many California employers require their key employees to sign confidentiality or non-disclosure agreements. Such agreements are designed to protect the employer’s confidential trade secrets. So if an employee leaves the employer for a competitor, any disclosure of the employer’s trade secrets could prompt a breach of contract lawsuit against the now-former employee. Fourth District:… Read More »

Internet

Are U.S. Tech Companies Protecting an Ancient Form of Social Hierarchy? California Authorities Charge Cisco with Caste-Based Discrimination

By Scott • Wagner and Associates |

California attracts workers from all parts of the globe. This means that various aspects of foreign cultures also find themselves imported into the United States–including certain practices that may violate federal and state laws prohibiting employment discrimination. Indeed, a recent lawsuit filed by California’s Department of Fair Employment and Housing (DFEH) addresses a particular… Read More »

CovidBusiness

Is Your Company Ready to Reopen? California Public Health Officials Issue Formal Guidance to Employers and Employees

By Scott • Wagner and Associates |

California remains a major epicenter of the COVID-19 pandemic. Most businesses, even those in what are considered “essential” industries, continue to struggle with how they can safely reopen without putting their employees or customers at unnecessary risk. To facilitate this process, the California Department of Public Health recently released an “Employer Handbook for a… Read More »

AgeD2

“We Never Consider a Job Applicant’s Age”: Is an Employer Telling the Truth–or Is It Just a Pretext for Discrimination?

By Scott • Wagner and Associates |

Proving employment discrimination is often easier said than done. Even if you believe you were denied a job or other employment opportunity, such as a promotion, because of your age, sex, race, or some other legally protected status, the employer can turn around and argue it had a legitimate, nondiscriminatory reason for the actions… Read More »

EmpLaw4

What Happens If I Sign an Arbitration Agreement After Suing My Employer?

By Scott • Wagner and Associates |

California employers often try to keep labor disputes out of court by requiring their employees to sign binding arbitration agreements. Normally, these agreements are signed before a dispute arises, such when the employee starts work. But it is also possible to sign an arbitration agreement after an employee has already filed a lawsuit or… Read More »

Employment6

When “Disorderly Conduct” Is Misconstrued as Domestic Violence: Allstate Ordered to Pay Fired Insurance Broker for Defamation

By Scott • Wagner and Associates |

In California, state law prohibits your employer from firing you solely because you were arrested on suspicion of a crime. Under Section 432.7 of the state Labor Code, an employer may not consider “any record of arrest or detention that did not result in conviction,” when making employment decisions. This prohibition also extends to… Read More »

RestWorker

California Governor Orders Large Food Sector Employers to Offer Additional Paid Sick Leave During COVID-19 Pandemic

By Scott • Wagner and Associates |

The COVID-19 pandemic has led to rapid changes in the laws governing the rights of workers throughout California. For example, Congress enacted the Families First Coronavirus Response Act, which grants emergency sick leave benefits to individuals working at companies with less than 500 employees. Obviously, this excludes a wide swath of Californians who work… Read More »

Employment7

San Francisco Orders Large Employers to Provide Paid Sick Leave During COVID-19 Pandemic

By Scott • Wagner and Associates |

On March 18, the Families First Coronavirus Act became federal law. This Act required certain employers to offer “emergency paid sick leave” to eligible employees unable to work, either remotely or in-person, due to the ongoing COVID-19 pandemic. But the Act only applied to smaller businesses. Employers with more than 500 employees were exempted… Read More »

Discrimination

Who Is Responsible for Racial Discrimination in the Workplace? California Court Addresses Liability of Staffing Agencies

By Scott • Wagner and Associates |

Sexual harassment and racial discrimination are both prohibited under California law. An employee who is the victim of either may sue their employer (or former employer) for damages. But what about other parties? For example, could a victim of employment discrimination sue a staffing agency? A recently published decision from the California Second District… Read More »

RideshareDriver

California Accuses Uber & Lyft of “Misclassifying” Drivers

By Scott • Wagner and Associates |

In recent years, there have been a number of lawsuits aimed at determining the legal status of drivers who use ride-sharing apps to connect with customers. The two largest ride-sharing companies, Uber and Lyft, have always maintained drivers are “independent contractors” who are not entitled to any of the legal benefits of employees, such… Read More »

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* Cathleen Scott is licensed to practice in Florida only.

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