Fresno Farm Contractor and Growers Cited $1.9 Million for Wage Theft Affecting Hundreds of Workers

Wage theft is commonly reported in the restaurant industry, but it also occurs in many other types of jobs across California. The agricultural sector in Fresno County was recently hit with allegations…

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Former Uber driver classified as employee, not contractor

Uber has lost another legal dispute over whether its drivers should be classified as employees or independent contractors. The issue threatens the heart of the ride-hailing company’s business model, which relies on…

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Covenants Not to Compete Are Only Enforceable to Protect Trade Secrets

A recent California court decision has narrowed the scope of enforceable “covenants not to compete.” California, unlike many other states, severely limits the ability of an employer to prevent former employees from…

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San Francisco Employees Entitled to Sick Leave Pay

Beginning February 5, 2007, all employees who work within the San Francisco city limits are entitled to one hour of sick leave for every 30 hours worked. The sick leave may be…

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The “Administrative” Exemption for California Employees

In prior articles, I discussed the “professional“ and “executive“ exemptions to California’s wage and hour laws, and this article will focus on the “administrative” exemption.  In general, exempt employees are not entitled…

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Severance Agreements and Release of Claims – What Can or Should You “Give Up”?

In a prior article, we discussed some concerns that employees may have with collecting unemployment benefits after receiving a severance offer.  In this article, we will focus on the types of claims…

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Workplace Defamation – A Basic Overview

Since many terminated and current employees ask about it, I thought I might dive into the treacherous waters of defamation in the workplace.  Defamatory conduct in the workplace may occur, for example,…

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Defamation Per Se — Presumption of Harm

In the realm of workplace defamation claims, the aggrieved employee (or plaintiff) needs to show that the slanderous (spoken) or libelous (written) comments harmed the reputation of the employee.  There are five…

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The “Privilege” Defense to Defamation Claims

There are four common defenses to defamation claims: privilege, consent, truth and opinion.  This entry will discuss the most widely employed defense to workplace defamation claims – absolute and qualified privileges. Absolute…

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