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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…
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…
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…
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…
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,…
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…
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…
Vacation Pay for California Employees
There is no California or federal law, which requires employers to provide employees with vacation time. Nonetheless, if the employer does provide vacation time, certain provisions of the California Labor Code must…