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Are noncompete agreements enforceable in California?

In the vast majority of states, noncompete agreements are generally enforceable as long as they’re reasonable in terms of having a genuine business need, an appropriate geographic scope and an appropriate time duration. However, California law differs significantly from most states in this regard.

Converting to a cash balance plan is risky business

Companies that move from pensions to a cash balance plan can benefit by avoiding the risk of market volatility, but they should explain all aspects of the switch to employees and be careful not to violate the prohibition against age discrimination. When cash balance accounts replace retirement pensions, employees can be highly sensitive to the […]

Diversity—It’s Hard to Achieve More Than Lip Service

Achieving workplace diversity isn’t easy—even for global powerhouses like Google. “We’re not where we want to be when it comes to diversity,” Google observes in a January 2014 demographic report, which reveals that 70% of Google’s employees are male and 61% are white.

12 Tips to Lower Legal Bills, Assist Lawyer in Employment Disputes

Unemployment is high, and employment litigation is increasing. We’re seeing more wrongful discharge, discrimination, and wage cases than ever. What will you do if your business is served with a lawsuit or discrimination charge by a current or former employee? We have some suggestions that can help keep your legal bills reasonable and assist your […]

Federal Inactivity Continues to Spark State Immigration Action

A federal judge blocked parts of Arizona’s new immigration law on Wednesday, the day before the rest of the measure went into effect. But legal challenges are already flying and many are waiting to see what happens next. Last year, a record number of immigration-related laws were considered and passed in the 50 states. Over […]

Stop! 5 Things to Consider Before You Discipline for Social Media

In a special report from the SHRM 2011 Conference, Steve Bruce Reports on the 5 tips to consider before disciplining an employee for social media usage. Attorneys Chad Richter ad Cynthia Sandoval presented why it’s not always easy to comply when technology changes every day and the laws are archaic. The two Jackson-Lewis attorneys (Richter […]

Disability Bias: Employee Unable to Travel Is Not Disabled, but Court Considers Retaliation Claim Anyway; Practical Considerations

A new ruling from the federal appeals court that covers California demonstrates how you can get hit with a retaliation claim following an employee’s request for a reasonable accommodation—even if it turns out the employee wasn’t disabled. The court also pointed out that travel restrictions don’t qualify as limitations on a major life activity for […]

NLRB to review Northwestern University football ruling

On April 24, the National Labor Relations Board (NLRB) announced that it will review a regional director’s decision that Northwestern University’s scholarship football players are employees who are eligible to unionize. The Board’s announcement came one day before a secret-ballot election, which will go on as scheduled. The NLRB said the ballots will be impounded […]