San Diego attorneys representing clients throughout California in the areas of business law, employment law, construction law, commerical litigation, estate planning, real estate, business transactions, and more.
December 2013 Legal Update
Non-Competition Agreement Protects Company Trade Secrets List
Company trade secrets are always vulnerable to employee theft. Although misappropriation of trade secrets is a violation of the Uniform Trade Secret Act, as an additional precaution, companies often require employees to sign nondisclosure agreements (or “noncompetition” agreements). A recent California case highlighted the importance of employment agreements in preserving an employer’s claims. In Angelica Textile Services, Inc. v. Park, the court held an employer’s claims based upon a noncompetition agreement were valid and independent of the Uniform Trade Secret Act statutory claims.
IRS Imposes Strict Rules Taxing Automatic Gratuities
It is common practice for restaurants and hotels to charge customers an automatic gratuity for large parties (example: 18% for parties of 10). However, based on a recent IRS publication, automatic gratuities may constitute wages. Employers in the hospitality industry may now need to change their mandatory gratuity practices.
Commute in Company Vehicle Creates Legal Quandary
Company risk managers are rightly concerned about avoiding liability any time an employee drives on the job, or commutes in a company vehicle. Although a few recent California cases have blurred the line for employers, the court in alliburton Energy Services, Inc. v. Department of Transportation gave one California employer a break.
Staffing Company Hit With FMLA Violations, But It's Client Let Off The Hook
A recent California case dealt with the issue of whether or not an employer is liable for Family Medical Leave Act (FMLA) violations when it utilized a staffing agency to hire the employee. The Court held the employer was not liable because the staffing agency was the “primary employer” and it failed to seek the employee’s reinstatement.
Can Employers Sue Employees For False Unemployment Claims?
Employers frequently bemoan the fact that some terminated employees apply for unemployment benefits under false pretenses. What can an employer do about it? Not much. In Kurz v. Syrus Systems, LLC, a California appellate court held an employer was barred from brining a malicious prosecution based upon an employee’s frivolous unemployment claim.
Barker Olmsted & Barnier employment law attorneys offer interactive workshops, presented to both management and staff, tailored to each company's Sexual Harassment policy. Complies with California SB 1825. Competitive cost!
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More Info on Employment Law Services
San Diego Employers
Start 2014 armed with the employment law information you need to run your business. This event will summarize the latest labor and employment law news that have a direct affect on employers. Learn about the latest rulings and legislative developments in California and how they will impact your company.
Rich Paul with Paul, Plevin, Sullivan, & Connaughton, LLP
Lonny Zilberman with Wilson Turner Kosmo LLP
Christopher W. Olmsted with Barker Olmsted & Barnier, APLC
Wednesday, January 15, 2014
7:30 a.m.- 12 p.m. (Breakfast included)
12400 High Bluff Drive
San Diego, CA 92130
Regular Price - Registration After December 27, 2013:
Early Bird Pricing - Registration Before December 27, 2013:
By phone: 858-505-0024
Through website: http://sdea.chambermaster.com/Events/details/employment-law-update-2825
Date: Monday, January 13, 2014
Time: 9:00AM - 10:30AM PST
Fee: Complimentary (free!)
2014 New Employment Laws
HR Continuing Education Credits and MCLE will be offered.
Keep current on the most recent changes in the law: join us for our update of important new employment laws effective in 2014, along with significant case law developments in 2013.
Highlights will include:
- California legislative and regulatory update - new wage laws, discrimination and harassment amendments, and more
- Case law update - wage and hour, discrimination, harassment, arbitration, and more
- Federal and State regulatory update - NLRB/social media, FMLA, independent contractors, health care, and more
The presentation will focus on practical tips for compliance. There will be ample time for questions and answers.
After registering you will receive a confirmation email containing information about joining the Webinar.