Ecolab Sues Former Employee For Allegedly Stealing Trade Secrets

by

In another high profile trade secret case, water treatment giant Ecolab, Inc. sued one of its former marketing managers, Preston Alexander, and his new company, One Degree Medical, alleging they stole trade secrets to set up a competing business in violation of both the employees’ employment agreement, and state and federal trade secrets laws. EcoLab’s …Read more

10 Tips for Managing Your Business During the Coronavirus Pandemic

by

While we all struggle with the unknown implications of the Coronavirus on our families, friends, and business associates, there are some things a company may wish to consider doing to address the impacts of conducting business in this financially distressed climate. Here are 10 tips you may wish to consider: 1. Maintain Communication with Clients, Customers, …Read more

Proactively Protecting Your Company’s Trade Secrets from Theft by Employees

by

A few years ago, the Symantec Corporation and Ponemon Institute released the results of a survey of employees working for companies in six countries, including the U.S., Brazil, China, France, Korea and United Kingdom. The results were remarkable. They should place every chief executive on notice of the risks of data security breaches her company …Read more

Drafting Your Employment Application? Avoid These Common Employer Mistakes.

by

Almost every employer in the country uses a form of employment application to screen prospective hires.  While they may seem innocuous, these forms often contain a minefield of traps employers must be aware of or risk legal liability. A general theme of federal and state laws is that employers should avoid asking an applicant questions …Read more

Independent Contractor or Employee? How to Choose Properly

by

One of the most common ways an employer gets into hot water is to improperly classify an employee as an independent contractor (“IC”). This is an important issue for businesses for a few reasons. There is no single, simple rule you can use to determine the proper employment status of an individual you hire to …Read more

California E-Verify Law Presents Challenges for Some Employers

by

Under a new California law that took effect on January 1, 2016, California employers may face civil penalties of up to $10,000 for misusing E-Verify, the federal electronic employment verification system some employers use to verify employment eligibility of newly hired employees. The new  California E-Verify law makes it more difficult for some employers to …Read more

Avoiding Wrongful Termination Claims

by

No matter how careful you are in screening prospective employees, sometimes the fit between employer and employee just isn’t a good one. When efforts to address a staff member’s behavior have been exhausted, or if termination is contemplated, it’s important to understand the legal view of the employer-employee relationship. A wrongful termination claim can be …Read more

Employment Laws That Companies Must Know to Stay Out of Trouble

by

Federal and state employment law is incredibly complex, with overlapping and sometimes conflicting provisions that can leave a business owner wondering what provisions of law must it comply with and how and when to do so. California’s employment laws are among the most complex and onerous in the nation, and contribute, in no small part, …Read more

Small Business Employers are bound by the California Fair Employment and Housing Act [FEHA]

by

In California, small business employers who regularly employ five (5) or more employees are bound by the State’s anti-discrimination law, the Fair Employment and Housing Act [FEHA].  An employer with five or more employees cannot discriminate against its employees on the basis of “race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical …Read more

The U.S. Supreme Court, in Vance v. Ball State University, Clarified the Definition of “Supervisor” in Title VII Harassment Cases

by

On June 24th, the U.S. Supreme Court issued a decision that clarified the definition of “supervisor” in Title VII workplace harassment cases. How the U.S. Supreme Court’s decision will impact California employers remains to be seen. California’s civil rights statute, the Fair Employment and Housing Act [FEHA], relies upon a different definition of a “supervisor” …Read more