News

GOOGLE GOT SLAPPED – EMPLOYEE CONFIDENTIALITY AGREEMENTS ARE TOO BROAD AND EQUATE TO AN ILLEGAL NON-COMPETE

GOOGLE GOT SLAPPED – EMPLOYEE CONFIDENTIALITY AGREEMENTS ARE TOO BROAD AND EQUATE TO AN ILLEGAL NON-COMPETE High tech and entertainment companies in California are known for requiring that employees sign broad non-disclosure agreements or confidentiality agreements (“NDAs”).  A California judge ruled last week that the Google’s NDAs are too broad...

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NEW EMPLOYMENT LAWS FOR 2022

NEW EMPLOYMENT LAWS FOR 2022 It is a new year, with new employment laws.  Here’s a synopsis: No More Confidentiality Provisions In Settlement Agreements California law previously prohibited the use of confidentiality provisions in settlement agreements involving claims of sexual assault, sexual harassment, and sex discrimination.  Now, the legislature broadened...

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Employers Must Pay Employees for Deminimus Startup Time

Employers Must Pay Employees for Deminimus Startup Time Booting up work computers takes time.  The call center representative employees (CCRs) at Nelnet Diversified Solutions LLC (“Nelnet”) had to clock in after their computers were up and running and software was launched, but they were not being paid for that time....

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Another First Amendment Ruling in Employment Law

Another First Amendment Ruling in Employment Law The case is American Society of Journalists and Authors Inc. v. Bonta, 9th Cir., No. 20-55734 (Oct. 6, 2021), petition for rehearing en banc denied (Nov. 23, 2021).  California's "ABC test" for classifying workers as employees or independent contractors, does not violate the...

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WHEN IS IT AN UNDUE HARDSHIP FOR AN EMPLOYER TRYING TO WORK THROUGH A COVID-19 VACCINE ACCOMMODATION REQUEST?

WHEN IS IT AN UNDUE HARDSHIP FOR AN EMPLOYER TRYING TO WORK THROUGH A COVID-19 VACCINE ACCOMMODATION REQUEST? Employers face medical and sincerely held religious belief objections to COVID-19 vaccinations and anti-discrimination laws (e.g., Americans with Disabilities Act (“ADA”) and Title VII of the Civil Rights Act of 1964 (“Title...

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UPDATE: Religious Exemptions from COVID-19 Vaccinations

UPDATE:  Religious Exemptions from COVID-19 Vaccinations On October 25, 2021, the EEOC released an update[1] religious exemptions from COVID-19 vaccination.  The EEOC notes that requests for accommodation should be handled on a case-by-case basis.  And in deciding how to proceed, the employer and employee should consider that:     •Even...

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