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…

read more

COVID-19 Employment Information

California Department of Fair Employment and Housing Issues COVID-19 Information The DFEH has issued an advisory for COVID-19. A pandemic of respiratory illness caused by a new coronavirus (COVID-19) has been identified in California and the United States. A state of emergency has been declared by Governor Newsom in California….

read more

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…

read more

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…

read more

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

heilman blog results

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…

read more

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

heilman blog results

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…

read more