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NLRB Attacks Broad Nondisparagement and Confidentiality Provisions in Employee Severance Agreements

In its recent McLaren Macomb decision,1 the National Labor Relations Board (NLRB) issued a ruling finding unlawful the type of nondisparagement and confidentiality provisions employers use in severance agreements with their...more

California’s Supreme Court Rejects Employer Use of Time-Rounding Policies in the Meal Period Context

In California, employers with non-exempt employees often utilize time-rounding policies to determine whether employees have been fully paid for time worked, as well as whether employees have taken a meal break in the manner...more

Expanding Federal Job Protections for Employees, U.S. Supreme Court Rules Title VII Prohibits Employment Discrimination on the...

The United States Supreme Court has ruled that an employer who fires an individual merely for being gay or transgender defies Title VII of the Civil Rights Act of 1964 (Title VII). As a majority of states do not have laws...more

New California Law Prohibits Employers from Seeking Salary History Information from Job Applicants

California has joined a growing number of cities and states seeking to advance gender pay equity by passing laws prohibiting employers from asking job applicants about their salary histories.1 Effective January 1, 2018,...more

California Court Rejects Alleged Joint Employers' "It Wasn't Me" Defense to Worker Misclassification Claims

Notwithstanding—and perhaps because of—the emergence of the so-called "sharing economy" and its proliferation of disruptive new business models, as well as calls to re-examine the traditional and familiar employee versus...more

Chancery Court Refuses to Enforce Non-Competition Agreement Against a California-Based Employee Despite Delaware Choice-of-Law...

In non-competition agreement disputes involving California employees, it is common to encounter an agreement stating that the law of another state governs the non-compete. Since non-competes in California are generally...more

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