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Employment Law Archives

New California Law Prohibits the Use of Out-of-State Venues in Employment Contracts

labor-law.jpgA new California law which went into effect on January 1st, 2017 adds a new section (Section 925) to the California Labor Code and it restricts some employer rights. Employers are now no longer able to require out-of-state adjudication or arbitration in employment contracts. This applies to the contracts of all employees who reside primarily within the state of California. Employers with questions about the effects of this new law should consult with an experienced San Jose business law attorney to ensure that their firm is always in full compliance.

New Changes to California's Equal Pay Law

equal-pay.jpgLast month brought two new important changes coming to the California Equal Pay Act. As with all employment law regulations, companies operating within the state must ensure that their firm is in full compliance with this law. This means understanding and conforming to the new aspects of the law. Further, it is critically important that your company has good relations with its workers and that you have well-drafted employment contracts that will protect you from liability. If you have any questions or concerns about how California's employment law changes will impact your company, please contact our experienced San Jose business law attorneys today to discuss your case.

Nationwide Injunction Prohibits New FLSA Overtime Regulations

overtime law.jpgIn May of 2016, President Obama and the Department of Labor (DOL) announced new FLSA overtime rules. At the time of the announcement, these rules were set to go into effect on December 1st, 2016. However, there was immediate controversy regarding this DOL regulation. Indeed, several states filed lawsuits against the agency seeking to block the implement of the new overtime regulations. The legal argument was that the DOL exceeded its legal authority in promulgating these regulations.

Overtime Rules Are Changing; Will Your Company Be Affected?

overtime.jpgEarlier this year, the Department of Labor (DOL) enacted a new rule that will have a major impact on overtime policies for many companies. The rule, which is set to go into effect on December, 1st, 2016, is estimated to cover as many as four million workers across the nation. Employees working in many different positions will be affected, including executives, administrative workers, sales staff and technology support professionals. All California business owners and managers need to be ready for these updated overtime regulations. Your company must be in full compliance with state and federal labor law at all times.

Confidentiality Agreements in California

NDA.jpgConfidentiality agreements, also referred to as non-disclosure agreements (NDAs), can help protect the viability of your business. Essentially, these agreements are written contracts that prohibit employees and independent contractors from sharing your company's trade secrets along with other protected business information. All California employers must take great care when crafting these type of agreements, as even minor mistakes can render them unenforceable. Your company's confidentiality agreements should always be drafted and reviewed by a qualified business law attorney.

California Employers: What You Need to Know about Severance Agreements

severance agreement.jpgWhether your California business is looking to terminate a specific employee, or is conducting a larger reduction in your workforce, your company needs to understand how to effectively use severance and separation agreements. Relatively minor mistakes can come back to cause you major headaches. If you have any questions about severance agreements, please contact an experienced Northern California employer attorney for immediate legal assistance.

Legal Options for Workplace Sexual Harassment Victims

sexual harassment.jpgSexual harassment is on the rise in workplaces across the country. According to the U.S. Equal Employment Opportunity Commission (EEOC), there were more than 26,027 formally lodged cases in 2014.

An Employee Handbook Can Help Limit Legal Liability for Employers

employee handbook.jpgHiring and retaining employees is an integral function of many businesses and very often essential to their success. From the perspective of employer, employees, while essential, are also a source of legal liability. This liability can come from third parties as a result of the conduct of an employee that caused injury or loss or even from the employees themselves if they allege a violation of California or federal employment law.

Employees vs. Independent Contractors: The Importance of Accurate Classification

independent contractors.jpgIn recent years, there have been significant changes in the way in which many Americans work and earn money. Non-traditional working arrangements and what many have termed the "gig economy" have blurred the line between traditional employee relationships and independent contractors. Generally speaking, an employer-employee relationship exists when the employer exercises control over how and when the work is performed. Independent contractors, on the other hand, are hired to perform a specific service and are considered self-employed.

New 2016 California Employment Laws Employers Should Know About

labor laws.jpgWith the ringing in of the New Year, numerous legislative provisions go into effect that may affect the rights and responsibilities of employers and employees in California. The following are only some examples of important labor laws of which employers should be aware as we go into 2016.