Litigation Over Noncompete Agreements Up 61%

According to the Wall Street Journal, litigation over noncompete agreements has risen 61%in the past decade – a number that may be low considering most cases are settled out of court and not reported. Long considered the standard for senior management employment contracts, noncompetes are becoming increasingly common at all levels of employment as a…

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Minimum Wage Violations Now Also Enforced by Labor Commissioner

Assembly Bill 240 this bill amends California Labor Code Section 98 and 1194.2 and allows employees to recover liquidated damages in labor Commissioner proceedings for claims alleging they they were paid less than California’s minimum wage. Existing law had allowed liquidated damages, for minimum wage violations, only in a civil court action. Now employees and…

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California Expands Workplace Law By Clarifying Gender Classification

A new California employment law expands the protections under California’s FEHA by clarifying that the gender classification in both FEHA and the Unruh Civil Rights act include both gender identity and gender expression as protected categories. Gender expression is defined under the statute as a person’s gender related appearance and behavior, whether or not stereotypically…

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California Expands Law Prohibiting Discrimination Based on Genetic Information

The California Fair Employment and Housing Act and Unruh Civil Rights act were recently expanded by California Senate Bill 559 to prohibit discrimination based on genetic information. The FEHA and Unruh Civil Rights Act now also prohibit employers from seeking information regarding: 1. An individual’s genetic tests; 2. Genetic tests of the individual’s family members;…

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Outlook for 2013: The New Year

I have been reading Sam Walton Made in America My Story by Sam Walton with John Huey. David Glass is quoted at page 39 as follows: “Two things about Sam Walton distinguish him from almost everyone else I know. First, he gets up every day bound and determined to improve something. Second, he is less…

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