Category: Employment Laws

Sarbanes-Oxley and DODD-Frank retaliation claims compared

Avoid Arbitration b Pleading Sarbanes Oxley The Sarbanes-Oxley Act (SOX) and Dodd Frank Act (Dodd Frank) were enacted, in part, as a means to provide whistleblower protection to employees who report or participate in proceedings involving corporate wrongdoing.  The legislation prohibits retaliation against whistleblowing employees. Many believe SOX has effectively been superseded by Dodd Frank […]

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Laws Protecting Employee Mobility Have Bite

Non-compete agreements are generally void in California. California Business and Professions Code section 16600 (Section 16600) states, “every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void.” However, some major players in the tech and engineering fields try to force non-compete […]

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Whistleblower Employees Enjoy Broader Protection From New Labor Code 1102.5 Amendments and Court Interpretations

California employees can now report their employers’ illegal activities with greater safeguards against retaliation.  Several amendments and a Ninth Circuit interpretation of Section 1102.5 broadens the scope of whistleblower protection. [gdlr_title align=”center” style=”divider” title=”Anti-Retaliation Now Covers Job Duties” ][/gdlr_title] In 2014, the California legislature passed an amendment to California Civil Code Section 1102.5.  The amendment […]

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Protecting subcontracted workers through AB 1897

Assembly Bill 1897 created section 2810.3 of the California Labor Code to hold businesses liable for wage theft and inadequate workers’ compensation coverage when they use staffing agencies or labor contractors to obtain workers. Under the prior law, a business could be held responsible for unfair labor practices only if the worker could prove joint […]

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California’s New Fair Pay Act

Governor Jerry Brown signed the Fair Pay Act on October 6, 2015.  This new legislation amending California’s Fair Pay Act Cal. Labor Code §1197.5 is an ambitious attempt to close the salary gap between men and women in the same establishment with “substantially similar” work rather than just the “same jobs.”  The new legislation furthers […]

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