CALIFORNIA SUPREME COURT GRANTS EMPLOYEES THE RIGHT TO SUE FOR SEXUAL FAVORITISM

In a significant expansion of sexual harassment law in California, the California Supreme Court held, in Miller vs. Department of Corrections, et al, that any worker, male or female, has a claim for sexual harassment by showing that there was widespread sexual favoritism which created a hostile working environment, regardless of whether the employees who were granted favorable treatment willingly bestowed their sexual favors. Previously, a supervisor who granted favorable employment opportunities to an employeeRead More…

EMPLOYMENT LAW – SELECTION OF EMPLOYEES

This Newsletter shall discuss the restrictions imposed on employers in recruiting and hiring employees by Federal law and California law. In general, both Federal and California law prohibit an employer from asking any question, in either an employment application or an employment interview, which relates to race, religion, color, national origin, sex or marital status, unless it is a bona fide occupational qualification for employment. Employers should carefully review their employment application forms and interviewRead More…

EMPLOYMENT TERMINATION LAW

There are numerous federal and California laws restricting an employer’s right to terminate an employee. This newsletter shall discuss the restrictions on an employer’s right to terminate an employee, the methods by which an employer can protect itself from potential liability for wrongful termination, and the rights of the employee who has been wrongfully terminated.

THE NEW TRADE SECRETS ACT – IMPLICATIONS FOR CALIFORNIA EMPLOYERS

On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act (the “DTSA”). The DTSA creates a federal civil cause of action to sue in federal court for misappropriation of trade secrets. The DTSA is similar to, but contains key differences from, the California Uniform Trade Secrets Act. Since the DTSA does not replace or preempt state law, a company will generally have the option of enforcing its rights under both federalRead More…

NATIONAL LABOR RELATIONS BOARD – NEW GUIDELINES ON EMPLOYEE HANDBOOKS

The National Labor Relations Board (“NLRB”) General Counsel, Richard Griffin, recently issued the “Report of the General Counsel Concerning Employer Rules,” a comprehensive report providing guidance to employers on what the NLRB deems to be lawful and unlawful company handbook provisions and policies. The rules in the Report apply to both unionized and non-unionized employers because the National Labor Relations Act (“NLRA”) restricts all employers from issuing policies or rules that inhibit employees from engagingRead More…

EMPLOYEE PRIVACY RIGHTS

The California Constitution expressly provides that all persons have a right to privacy. However, the right to privacy is not absolute and some intrusion into a person’s privacy will be permitted if there is a legitimate competing interest and the intrusion is reasonably calculated to further that legitimate interest. In the workplace, an employee may effectively waive the right to privacy under certain circumstances. This Newsletter shall discuss some of the situations in which theRead More…

EMPLOYEE WORK AUTHORIZATION

The Immigration Reform and Control Act of 1986 prohibits the hiring or continued employment of aliens that employers know are unauthorized to work in the United States. To comply with the law, all employers must verify the employment eligibility and identity of all employees by completing an Employment Eligibility Verification form (Form I-9) for all employees, including U.S. citizens.

LOS ANGELES FAIR CHANCE INITIATIVE FOR HIRING

On December 9, 2016, Los Angeles Mayor Eric Garcetti signed the Los Angeles Fair Chance Initiative for Hiring (Ban the Box) ordinance (the “Ordinance”) that bars certain employers in the City of Los Angeles (the “City”) from asking job applicants about their criminal conviction history until the employer makes a conditional offer of employment to the applicant. The Ordinance takes effect January 1, 2017.

NEW LAW ON CROWD-FUNDING

On April 5, 2012, President Obama signed the Jump-start Our Business Start-ups (JOBS) Act, which authorizes so-called “crowd-funding” which permits a company to raise small amounts of funds from a large number of investors over the internet. The new crowd-funding law is called the “Capital Raising Online While Deterring Fraud and Unethical Non-Disclosure Act of 2012” or the “CROWDFUND Act.”

TRADEMARK PROTECTION and YOUR BUSINESS

A trademark is generally defined as a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, which identify and distinguish one merchant’s good(s) and/or services from those of others. A product’s shape, sound, color, or even smell can be a trademark. In short, trademarks are symbols of origin, quality, and the goodwill of a business.