We invite you to review our newly-posted March 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
Blue Mountain Enterprises, LLC v. Owen, 74 Cal. App. 5th 537 (2022)
Gregory S. Owen transferred his ownership interest in several real estate and construction-related firms to Blue Mountain Enterprises, LLC, as part of a joint venture with Acolyte Limited. Owen became Blue Mountain’s CEO and he agreed to a post-employment non-solicitation provision, which precluded him from soliciting Blue Mountain’s customers for a period
Despite California’s general hostility towards post-termination restrictive covenants, the California Court of Appeal, in a recently published opinion, Blue Mountain Enters., LLC v. Owen, 74 Cal.App.5th 537 (1st Dist. Jan. 10, 2022), affirmed that a post-termination customer non-solicitation agreement was enforceable under California Business & Professions Code § 16601.
Under most circumstances, contractual provisions that prevent a person from engaging in a profession, trade,
We invite you to review our newly-posted November 2018 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
Garcia v. Border Transp. Group, LLC, 2018 WL 5118546 (Cal. Ct. App. 2018)
Jesus Cuitlahuac Garcia, a taxicab driver, filed a wage and hour lawsuit against Border Transportation Group (“BTG”), alleging claims based upon the wage orders of the Industrial Welfare Commission; wrongful termination in violation of public policy; failure to pay minimum wage; failure to pay overtime; failure to provide meal and rest
AMN Healthcare, Inc. v. Aya Healthcare Servs., Inc., 2018 WL 5669154 (Cal. Ct. App. 2018)
AMN and Aya are competitors in the business of providing travel nurses on a temporary basis to medical care facilities throughout the country. As a condition of employment with AMN, four of its “travel nurse recruiters” had signed a Confidentiality and Non-Disclosure Agreement (“CNDA”), which among other things prohibited
Hicks v. PGA Tour, Inc., 897 F.3d 1109 (9th Cir. 2018)
Professional golf caddies sued the PGA Tour, contending they should not be compelled to wear bibs featuring advertising sold by the Tour and local hosts of the PGA tournaments. The caddies allege contract, quasi-contract, publicity and unfair competition claims under California law, a false endorsement claim under the Lanham Act and antitrust
Aleksick v. 7-Eleven, Inc., 205 Cal. App. 4th 1176 (2012)
Kimberly Aleksick, who worked as a clerk at a 7-Eleven store, sued 7-Eleven (the franchisor of the store where Aleksick was employed) for violation of the Unfair Competition Law (“UCL”). Aleksick alleged that 7-Eleven, which provides payroll services to its franchisees, violated the UCL by converting any partial hour worked in a pay period
Thurman v. Bayshore Transit Mgmt., Inc., 203 Cal. App. 4th 1112 (2012)
Leander Thurman sued Bayshore for alleged violations of the Private Attorneys General Act of 2004 (“PAGA”) and the Unfair Competition Law and, following a bench trial, a judgment was entered imposing civil penalties, including unpaid wages, against Bayshore in the total amount of $358,588 and awarding Thurman restitution in the amount of
Sullivan v. Oracle Corp., 662 F.3d 1265 (2011)
Three Oracle instructors (all non-residents of California) filed this class action to recover allegedly unpaid overtime under California law for work they performed while in California. Two of the instructors were residents of Colorado and one was a resident of Arizona; all of them worked in their home states and, from time to time, in California.