A new federal law, called the “Defend Trade Secrets Act” (DTSA), was passed on May 11, 2016. Now, for the first time, trade secret owners can bring civil actions in federal courts for misappropriation of any trade secret that is “related to a product or service used in, or intended for use in, interstate or… Read More
California Court Issues First-Ever Ruling Recognizing Associational Disability Discrimination
The California Court of Appeals has, for the first time ever, held that healthy employees without any disability — but who are “associated” with a disabled person who needs their assistance — are protected under California’s disability discrimination law. Thus, as a result of this decision, California employers are now obligated to engage in the… Read More
U.S. Department of Labor Issues New Overtime Regulations
Determining when an employee gets overtime — and when an employee can be considered “exempt” from overtime — is tricky business in California. Penalties can be extraordinarily severe for an employer who improperly classifies a worker as “exempt.” In general, under current California law, every employee who works over 8 hours in a day or… Read More
Common Legal Mistakes Made by Startups
Inc.com published an article today entitled, “The Dumbest Legal Mistakes Early Startups Make.” The article, written by Alumnify CEO A.J. Agrawal, asserts that the “dumbest” legal mistakes made by startups include: 1. Not having written LLC operating agreements 2. Choosing the wrong corporate entity 3. Failing to keep proper records 4. Using someone else’s legally protected… Read More
SF Mayor Signs Ordinance Expanding Paid Family Leave
Yesterday, San Francisco Mayor Ed Lee signed a local ordinance that requires San Francisco employers to compensate eligible employees while taking paid family leave (“PFL”) to bond with a new child. The New PFL Benefit Under existing California law, the State already pays eligible employees 55% of their prior salary while on baby-bonding PFL. Under… Read More
Governor Brown Signs AB 908 Increasing Paid Family Leave Benefits
Yesterday, California Governor Jerry Brown signed Assembly Bill 908 (“AB 908”). This new bill increases the amount of weekly benefits payable to employees who take leave under California’s existing paid family lave law. California’s existing paid family leave law allows an employee to request paid leave to care for a family member with a “serious… Read More
New Regulations on Sexual Harassment Take Effect Today
The California Fair Employment & Housing Council (FEHC) recently passed new regulations that strengthen California’s Fair Employment & Housing Act (FEHA). This is the state law banning discrimination, harassment, and retaliation in the workplace, which is already among the toughest in the nation. These new regulations take effect on April 1, 2016. Under the new… Read More
New Pregnancy Disability Leave Regulations Take Effect Today
The California Fair Employment & Housing Council (FEHC) recently passed new regulations concerning pregnancy disability leave (PDL). These new regulations take effect on April 1, 2016. Under the new regulations, California employers with 5 or more employees must: 1. Provide employees with notice of their PDL rights either (a) in the next version of the… Read More
California Raises Minimum Wage to $15/Hour
California Governor Jerry Brown announced that a deal had been reached with the California legislature to gradually raise the state’s minimum wage to $15 an hour by 2022. This would give California the highest state-wide minimum wage in the country. Under the new law, the state minimum wage will increase from the current $10 an… Read More
CA Supreme Court Clarifies Definition of “Prevailing Party”
California law states that the “prevailing party” in a lawsuit is entitled to recover its costs from the other party. The law defines the “prevailing party” as “the party with a net monetary recovery” and “a defendant in whose favor a dismissal is entered.” So what happens when a plaintiff sues a defendant but, before… Read More
