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,…
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…
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…
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…
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…
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…
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…
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…
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…
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…