Employee Transitions; Restrictive Covenants

In a New York Stock Exchange arbitration involving the enforcement of a non-competition clause, we obtained a $3.4 million award on behalf of three former partners of an investment bank. In addition, the arbitrators took the extraordinary step of granting our request for attorneys' fees, although there was no attorneys' fees provision in the contract at issue.

Firm Highlights

Publication

California to Implement Broad New National Origin Discrimination Protections

The California Fair Employment and Housing Council has published new regulations that increase protections from national origin discrimination, including expanding the definition of “national origin.” The regulations will take effect July 1, 2018. The regulations...

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Publication

California Supreme Court Declines to Apply Federal Excuse for Short Unrecorded Work Periods

By Doug Dexter , Holly Sutton , James Baker, and Brookes Degen In Troester v. Starbucks , a unanimous California Supreme Court held that California labor statutes and wage orders do not incorporate federal de...

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Publication

California Supreme Court Clarifies Background Check Laws in California

Employers which use background checks in their hiring process without obtaining written authorization may wish to review their practices.  The California Supreme Court has rejected an argument that employers could not reconcile the state’s...

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Publication

California Court Finds Shift Call-Ins May Trigger Reporting Time Pay

A California court has held that employees required to call their employers before a shift to determine whether they are assigned to work may be entitled to reporting time pay on days when they...

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Publication

Blindfolding Employers: New Laws in California Further Restrict Job Applicant Information

The state of California has long led the nation in regulating the employment relationship. From continuously expanding the classes of employees protected under its anti-discrimination laws, to passing one of the nation’s most comprehensive equal...

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Publication

California Supreme Court Adopts New Independent Contractor Classification Test for Purposes of Wage Orders

The California Supreme Court established a new three-part test to determine whether a purported independent contractor should be classified as an employee covered by California’s Wage Orders. Dynamex Operations West, Inc. v. Superior Court ,...

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News

Farella Braun + Martel Wins Benchmark Litigation 2019 San Francisco Firm of the Year Award

SAN FRANCISCO, March 15, 2019: Farella Braun + Martel announces it has been named “San Francisco Firm of the Year” by Benchmark Litigation . Farella Partner Douglas Young accepted the award on behalf of...

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Publication

Supreme Court Rules That Employees Can Waive Class Action Rights Through Arbitration Agreements

On May 21, 2018, the United States Supreme Court ruled in Epic Systems Corp. v. Lewis that arbitration agreements containing class action waivers are enforceable under the Federal Arbitration Act. 584 U.S. ___ (Dkts. 16-285, 16-300,...

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Publication

New California Laws Restrict Employer Access to Criminal and Pay Histories

Published by the North Bay Business Journal . If you are planning to hire new employees to work in your winery, you should be aware of two new employment laws that restrict employers from...

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Publication

New California Employment Laws Will Require Significant Changes in 2019

California Governor Jerry Brown recently signed into law several bills that will have significant impact on employers’ workplace obligations. Effective January 1, 2019, the new laws will restrict nondisclosure agreements and certain settlement agreements covering...

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