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Helping You Navigate Workplace Issues in California

Category Archives: Employment Law


Nondisclosure and Confidentiality Agreements: How California Law Allows Your Employer to Limit What Business Information You Can Take With You

By Scott • Wagner and Associates |

California employers often require their employees to sign nondisclosure agreements protecting any “trade secrets” of the business. A trade secret can broadly refer to any information that is not generally known outside of the employer, such as customer lists, unpatented inventions, or formulas and processes used in producing the employer’s products. If a current… Read More »


Enforcement of International Restrictive Covenants: When Your Non-Compete or Non-Solicitation Agreement is Worldwide

By Scott • Wagner and Associates |

California is part of a global economy. As such, many California employers seek to limit their employees’ ability to work for competing firms throughout the country–and even around the world–after their employment ends. This is normally attempted through one or more types of restrictive covenants, including non-compete or non-solicitation clauses in an employment agreement…. Read More »


Opt-Out Provisions, Handbook Policies, and Arbitration Agreements: When Are Arbitration Agreements Enforceable Under California Law?

By Scott • Wagner and Associates |

It is a common fact. Employment Handbooks can be lengthy. While employment handbooks can contain very valuable information for employees, such as appropriate workplace conduct and policies, some handbooks may also contain agreements for employees to be bound, like an arbitration agreement. If you are an employee who received an employment handbook with an… Read More »


Reducing Worker Misclassification: Independent Contractors versus Employees and what the Passage of AB5 Means for California’s Workers

By Scott • Wagner and Associates |

Starting in January 2020, many California workers who are currently treated as “independent contractors” may become reclassified as “employees” under California law. This is due to the recent passage of Assembly Bill (AB) 5, which Gov. Gavin Newsom signed into law on September 18. AB 5 codifies a 2018 California Supreme Court decision on… Read More »


Franchisor Liability: Federal Court Weighs in on the Definition of “Joint Employer”

By Scott • Wagner and Associates |

When you are an employee working for a franchisee, determining who your actual “employer” is may be more difficult than it seems. Ninth Circuit: McDonald’s Does Not Exercise “Control” Over Individual Franchise Employees For example, if you work for a restaurant that is a franchise of a larger national chain, is the franchisor responsible… Read More »


“Why Can’t Your Wife Stay Home and Take Care of the Child?”: Asserting Your Right to Family Leave in California

By Scott • Wagner and Associates |

Unlike many states, California state law provides certain “family leave” rights for eligible employees. Under the California Family Rights Act (CFRA), if you have worked for your present employer for at least one year, with 1,250 hours working hours during that year, and your employer employs at least 20 employees within a 75-mile radius… Read More »


Does My Employer Have to Pay for My Work Uniform? Understanding California’s Labor Laws Regarding Employee Reimbursements

By Scott • Wagner and Associates |

Section 2802 of the California Labor Code requires employers to reimburse employees for “all necessary expenditures” incurred “in direct consequence of” of the employee’s duties. For example, if an employer requires employees to wear a particular uniform, the employer must reimburse the employee for the cost of purchasing that uniform. Similarly, if an employee… Read More »


Ignorance Is Not a Defense: California Employers Are Liable for the Discriminatory Acts of Their Supervisory Employees

By Scott • Wagner and Associates |

National origin discrimination is strictly prohibited by federal and California state law. Employers are prohibited from firing, refusing to hire, or disciplining an employee or job applicant based on their country of origin or nationality. Nor can an employer escape liability simply by claiming it was unaware of any such discrimination on the part… Read More »


The Cost of Age Discrimination: Google Pays $11 Million to Settle 227 Claims

By Scott • Wagner and Associates |

The Age Discrimination in Employment Act (ADEA) is a federal law that prohibits employers from discriminating against employees or job applicants/prospective employees on the basis of age, provided the affected individual is age 40 or above. Although the law is clear on this point, the news is full of stories of employers who attempt… Read More »


When Do You Get Your Final Paycheck Under California Law? The Answer Depends on How You Leave

By Scott • Wagner and Associates |

Most California workers are paid on a weekly or biweekly basis. But when an employer chooses to terminate an employee for any reason, California law requires “immediate” payment of any “wages earned and unpaid.” In other words, if you are fired or laid off, your now-former employer must give you your final paycheck that… Read More »

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