California - General

In the latest twist in the developing law regarding the preemptive scope of California's Uniform Trade Secrets Act (UTSA)1 a California federal court in Amron International Diving Supply, Inc. v. Hydrolinx Diving Communication, Inc.2 ("Amron") recently issued a decision reinvigorating the growing te

Under facts never before addressed by a California court, a California Court of Appeal recently ruled that when an on-duty employee injures an individual while engaging in arguably personal pursuits, the employer is still liable for the injuries. Vogt v. Herron Construction, No. E052434 (Fourth Dist

On January 1, 2012, retailers must be in compliance with the California Transparency in Supply Chains Act of 2010. Compliance with the Act is relatively simple: retailers are not required to take any affirmative action to ensure that products in their distribution channel do not emanate from compani

In the last hours of his opportunity to veto new legislation, California Governor Jerry Brown signed SB 459. Similar to a bill previously vetoed by former Governor Schwarzenegger and dubbed the "Job Killer Act" by business, SB 459, effective January 1, 2012, might be called by some critics the "Smal

In 2011, for the first time since 2003, California's legislative process was controlled by a governor and a legislature of the same party. Yet the results at the end of this year's session were not as one-sided as some had predicted or expected.

Effective January 1, 2012, California will impose significant restrictions on an employer’s ability to obtain a credit report for employment purposes.

On October 10, 2011, the Office of California Governor Jerry Brown announced that Governor Brown had signed AB 22, legislation that adds a new provision to the California Labor Code and amends the state's Consumer Credit Reporting Agencies Act (CCRAA)1 to restrict the discretion that private and pub

When an employer in California hires an independent contractor, what duty, if any, does the hirer owe to the contractor’s employee injured on the job? Generally, when employees of independent contractors are injured in the workplace, their remedy is limited to workers’ compensation. They cannot

An employee who uses false documentation to secure employment with an employer has no recourse for an allegedly wrongful failure to hire, the California Court of Appeal has ruled. Salas v. Sierra Chemical Co., No. C064627 (Cal. Ct. App. Aug. 9, 2011). In addition, the “after-acquired-evidence” d

Reversing an order compelling arbitration, the California Court of Appeal has held that an arbitration agreement in an employee handbook was unconscionable because it was a contract of adhesion, failed to give adequate notice of the arbitration rules that will apply, and lacked mutuality. Thus, the

California Department of Fair Employment and Housing (DFEH) Director Phyllis W. Cheng, speaking at the Jackson Lewis LLP-sponsored Association of Corporate Counsel (ACC) Labor and Employment Committee Meeting on Feb. 22, 2011, told the gathering of business lawyers that the agency would continue to

In a case brought by insurance agents, the California appeals court has ruled that an employer may not unilaterally eliminate certain obligations to employees contained in a policy that did not have an indefinite duration. McCaskey v. California State Auto. Ass’n, No. H032186 (Cal. Ct. App. Oct. 29,

An employer’s defamation lawsuit against protesters who wrongly accused it of racially motivated firings could proceed, the California Court of Appeal has ruled in an unpublished opinion. Overhill Farms Inc. v. Lopez, No. G042984 (Cal. Ct. App. Nov. 15, 2010). Affirming the denial of the protestors’

Employers in California may be at risk for significant penalties under California’s requirement that employees be provided with “suitable seating,” under a ruling of a state appeals court in Bright v. 99¢ Only Stores, No. B220016 (Cal. Ct. App. Nov. 12, 2010). The case was brought under state Indust

Showing continued hostility toward employee arbitration agreements, the California Court of Appeal has struck down as unconscionable an arbitration agreement because the employer failed to provide the high-level employee a copy of the arbitration rules referenced in the agreement.