Articles

Tips for Potential Employee Clients

1) Be Credible Your credibility is your number one asset. Be truthful. It is better to remain silent than to say (or write) something that’s not accurate. Example : at termination you are presented with a document saying that you agree to resign. Do not agree to facts that are…

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County Investigation Triggers Anti-SLAPP

Internal Complaint Against County Counsel Leading to Internal Investigation Deemed to be an “Official Proceeding” — Anti-SLAPP Law Thus Applies This is all about what is (and is not) an “official proceeding” giving a “protective shield” to statements made — if the “protective shield” of Anti-SLAPP applies, suit cannot be…

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Anti-SLAPP Law: Not Applicable to Arbitration

Anti-SLAPP Law: Not Applicable to Arbitration

Overview of Anti-SLAPP California’s Anti-SLAPP law protects against low-merit lawsuits designed to chill exercise of “a person’s right of petition or free speech” about “a public issue”. Example: If a person sues their former employer for having engaged in systemic wage discrimination and employer files a “counter-suit” with frivolous claims…

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Non-Competition and Non-Solicitation In California: Court of Appeal Upholds Public Policy Supporting Right to Pursue Profession

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California Strongly Supports Individuals’ Rights To Pursue Their Profession In AMN Healthcare, Inc. v. Aya Healthcare Services, Inc., employer AMN sued former employees (nurse recruiters) whom had quit to work for Aya Healthcare. The Fourth Appellate District agreed with the trial court’s determination, siding with the nurse recruiters, that California…

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California Workers Presumed to be Employees Under New Dynamex “ABC” Classification Test

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New California authority controls classification of workers as employees versus independent contractors.  Under the recent Dynamex decision, California workers will now be regarded as “employees” rather than “independent contractors” unless a three-part test is met by the company. Dynamex Worker Classification Change: Dynamex is a courier service that classified its…

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“English-Only” Policies and Discrimination

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“English-Only” Policies May Constitute National Origin Discrimination. The language we all speak is closely connected to our heritage and nationality.  For this reason, “English-Only” rules are generally viewed as discrimination on the basis of national origin.  National origin is a protected category under both state and federal law.  National origin discrimination…

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