Sacramento status update: Employment law legislation

A bill that would make it unlawful to require military veterans to sign arbitration agreements waiving their right to sue for discrimination based on their military status (A.B. 2879) appears to have died in committee.

Litigation: Unintended consequence of regulation

Sometimes, government regulation can unexpectedly lead to litigation.

8th Circuit splits on NLRB authority on arbitration agreements banning class-actions

The 8th Circuit Court of Appeals, which covers Minnesota employers, has come out against the NLRB’s interpretation on arbitration agreements.

DOL cites Houston contractor for misclassification

The DOL has recovered back wages for workers that a Houston masonry firm wrongly classified as independent contractors.

Simple list of customers doesn't count as trade secret

Under California law, not every work product amounts to a trade secret. For example, an ordinary customer list with information generally available through open sources isn’t subject to protection.

Arbitration agreement may not be bulletproof

Bad news for employers that hope arbitration agreements might limit the cost and time required to resolve employment disputes.

Opening salvo fired in big 'joint employer' lawsuit against NLRB

The National Labor Relations Board’s new joint employer standard violates the National Labor Relations Act, according to opening briefs filed by Browning-Ferris Industries in a closely watched lawsuit that seeks to overturn a major NLRB decision.

Commerce Department report tries to define 'sharing economy'

For several years, we have somewhat vaguely referred to the “sharing economy” when discussing such enterprises as the Uber and Lyft ride-hailing services, online errand-running brokerage TaskRabbit and ad hoc hospitality matchmaker Airbnb.

Harrisburg union official sentenced for wire fraud

The former president of a Pennsyl­vania state employees union has been sentenced to house arrest and probation after pleading guilty to federal fraud charges.

Pharma scientists indicted for stealing trade secrets

Two GlaxoSmithKline scientists, one from Pennsylvania, are among five people charged with stealing trade secrets related to an anti-cancer drug the pharmaceutical giant is developing.

Doubtful accommodations? Let employee try anyway

Refusing to consider an ADA accommodation can spell big legal trouble. Give disabled workers a chance to prove they can do the job.

Employers gain new weapon to protect their trade secrets

President Obama last month signed into law the Defend Trade Secrets Act.

Ensure new employees aren't bound by noncompetes


The 9th Circuit Court of Appeals has said that a former employer may re­­ceive an injunction against a former em­­ployee who works for a competitor when the employee had signed a clear but limited agreement not to compete.

Don't let simplest error derail arbitration: Make sure agreement was signed

California employers who want to bind their workers to arbitration have to jump through a number of hoops. For one thing, you need to produce an agreement signed by the employee.

Employee quits, then emails docs to herself? That's not theft, but may be something more

A federal court has rejected an employer’s claim that by emailing a series of documents to herself before quitting, a former employee committed theft.
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