Employment Law Blog

Federal Ban on Non-compete Agreements—Is It Possible?

Non-compete agreements have the attention of congress.  A bipartisan effort to regulate non-compete agreements on a federal level was introduced in the U.S. Senate in October 2019 by Senators Chris Murphy (D-Conn.) and Todd Young (R-Ind.). Senate Bill 2614, the Workforce Mobility Act of 2019, proposes a near federal ban of all employee non-compete agreements, with limited exceptions for certain business transactions. The bill would have sweeping implications, but does...

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Employment Law Blog

Non-Solicitation Agreements: Announcing Your Change of Firms without Getting Sued

Recently, an Indiana federal district court tackled the issue of whether a former employee’s change in employment announcement to clients constitutes solicitation. In Edward D. Jones & Co., L.P. v. Kerr, No. 1:19-cv-03810-SEB-DML (S.D. Ind., Nov. 14, 2019), the court concluded the announcement was not a solicitation and, for those looking to enforce or defend against non-solicitation agreements, this decision provides helpful insight into behaviors that may cross the...

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Employment Law Blog

Family and Medical Leave Act (FMLA) & California Family Rights Act (CFRA)

When can You Take FMLA? Under the federal Family and Medical Leave Act, or FMLA, you can take up to 12 weeks of leave within a 12–month period when: You are unable to work due to a serious health condition. You are caring for an immediate family member with a serious health condition. You have a newborn child or have...

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Employment Law Blog

Employment Discrimination Under California Law

Employment discrimination is against the law. Employers are not allowed to treat you differently because of your: Pregnancy Age Race Ethnicity Religion Gender Disability These descriptions, among others, fall into classes that are protected by law. If you have a discrimination case, contact us for a consultation. We have offices in San Francisco and New York. Laws Enforced by...

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Employment Law Blog

The Ultimate Guide to Right to Sue Letters

This guide is for anyone who has received a right to sue letter or wants to know more about them. You will learn what you need to do when you get a right to sue letter, and you will understand the big picture. This guide will also help you decide what steps to take next and help you find a...

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Employment Law Blog

Your Employment Rights: A Guide for Workers

Are you facing a work-related problem? Maybe you’re worried that you’ve been discriminated against in the hiring process because of your race, gender, sexual orientation, or disability. Maybe there’s a problem with the way your company has been treating you, how much they’ve been paying you, or how many hours they ask you to work.   Maybe you’ve just lost...

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Employment Law Blog

California Wrongful Termination in Violation of Public Policy

California employment relationships are generally at-will, meaning either party may terminate the relationship with or without cause at any time and for any reason or no reason at all. However, there are exceptions, and an employer cannot terminate an employee for reasons that violate California public policy. What Does It Mean to Violate “Public Policy?” A wrongful termination that...

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Employment Law Blog

New York (NY) Wrongful Termination Laws

What NY workers need to know about their rights in cases of illegal retaliatory employment termination NY wrongful termination occurs when an employee is fired for an illegal reason.   But NY wrongful terminations are rare. This is because most all New York employees are employees-at-will.   An employee-at-will can be fired for any reason or no reason at all. Fairness...

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Employment Law Blog

California’s Gig Law is Impacting Musicians, Actors and other Creatives in a Bad Way

Proper classification of independent contractors and employees has never been simple, and the passage of California’s new gig law Assembly Bill 5 (“AB5”) ensures this issue will continue to pose challenges for workers and businesses alike. AB5 took effect on January 1, 2020. While the full impact of this new legislation is yet to be seen, there are legitimate concerns about how this...

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Employment Law Blog

California’s Gig Economy Forecast: More Lawyers, More Rhetoric

Some things seem certain for gig economy companies like Uber in 2024:  they will continue to accrue legal fees and continue to claim they are just “mobile application platforms” and emphatically not service providers.   Let’s look at Uber as an example.   Even as it defends against multiple lawsuits brought by its drivers, Uber is now suing the State of California. Case No. 2:19-cv-10956.  The central issue in these lawsuits is whether Uber’s operations constitute a legitimate business model matching independent drivers to riders needing rides, or whether Uber is just a modern profit machine rebuilt from the age-old cogs and...

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