California, unlike most of the rest of the United States, generally prohibits noncompetition agreements except in very limited circumstances involving the sale of a business. (See Business & Professions Code § 16600 et seq.) But California also recognizes an employer’s right to protect its trade secrets. (See Civil Code § 3426 et seq.) As a result, in California, a former employee’s right to compete with his or her former employer frequently comes into conflict...
In one of the final judicial decisions of 2017, a California court of appeal has held that an employee who settled his individual wage and hour claims against his former employer could not continue to pursue his PAGA claims against that employer. The court therefore affirmed the trial court’s judgment dismissing the employee’s PAGA claims. Kim v. Reins International California, Inc., 2d Dist. Case No. B278642 (filed December 29, 2017).
The Plaintiff, Justin Kim, sued...
In October, Governor Jerry Brown signed AB 168, which enacts Labor Code Section 432.3, prohibiting employers from asking job applicants for their salary histories and prohibiting employers from relying on salary history information as a factor in determining what salary to offer an applicant. Labor Code Section 432.3 will affect employers and job applicants alike.
Commencing on January 1, 2018, employers will no longer be able to request salary history information from job applicants. The...
Lots of employees work while standing. You see them on an almost daily basis – cashiers in department stores and big box retailers, bank tellers, retail clerks, and numerous other employees performing countless jobs that, on reflection, perhaps could be performed while seated. Why are they standing? The answer, of course, is because their employers instructed them to stand while working.
For decades, there has been a provision in various California Industrial Welfare Commission Wage...
Ezer Williamson Law proudly announces the addition of Robert C. Hayden as Senior Counsel.
Mr. Hayden brings with him over 37 years of legal experience and expertise in the areas of labor and employment law, as well as extensive experience in business and commercial litigation, including contract and intellectual property disputes.
Prior to joining Ezer Williamson, Mr. Hayden was a partner at RG Lawyers LLP where he practiced for over six years representing both employees and...
