Legal Blogs

Category: Employment Law

Understanding the State and Federal Family Leave Acts

Over the last several decades, several state and federal laws have been enacted that provide employees with the right to take leave time for medical and/or family issues. For an employer, navigating the various laws to ensure they don’t run afoul of any of them can be difficult. In fact, claims relating to state and […]

READ MORE

Protecting Your Business from Employment Discrimination Claims

As a business owner, it can sometimes feel as though you are trying to navigate a minefield to avoid a claim of employment discrimination. The virtual maze of state and federal laws that protect applicants and employees from workplace discrimination can be difficult for an employer to keep up with – yet you must do […]

READ MORE

INDEPENDENT CONTRACTORS IN CALIFORNIA DURING COVID-19

COVID-19 is having a once in a generation impact on businesses and their operations. During this dynamic and uncertain time, how a business classifies its workers has become ever more important, as businesses explore switching to independent contractors to reduce payroll costs, and as employees rely even more on healthcare benefits and eligibility for unemployment […]

READ MORE

Protecting Trade Secrets Under Coronavirus COVID-19 Work From Home Policies

Proprietary information that belongs to a business can be considered a “trade secret” or  protected confidential information. The law provides protection for trade secrets.  These assets are a form of valuable business property or “intellectual property”.  Employees can be required to keep trade secrets confidential.  They must not to turn around and sell those secrets […]

READ MORE

Why is it Important for There to be a Bona-Fide Reason for Certain Job Requirements?

Southern California employment lawyers provides advice to employers and employees on laws that govern the employment relationship. Brown & Charbonneau, LLP can represent you if you are an employee and you feel that your employer may have violated state or federal laws on discrimination, workplace safety, or wage payments. We can also provide representation to […]

READ MORE

Pros and Cons of Suing an Employer for Discrimination

California business attorneys provide advice to companies on the steps they can take to reduce the chances they will be sued.  Brown & Charbonneau, LLP can also provide representation to employees who want to take action against their employers in cases where they are discriminated against or treated improperly. Unfortunately, discrimination at work happens far-too-often […]

READ MORE

In California, Can I Communicate with Client Even Though I have a Non Compete?

This question is asked all the time.  The short answer is, yes you can communicate or “announce” your new employment. However, if you are bound by an enforceable non-solicitation agreement, you may not solicit the client.  But, you can call them, talk to them, talk about the weather, sports, etc.  You just cannot “solicit” them. […]

READ MORE

What Does Protected Class Mean?

A Southern California employment attorney provides assistance in taking legal action when an employer unlawfully discriminates against a worker. An attorney can also help employers in understanding state and federal anti-discrimination laws and making smart choices to reduce the risks of being sued for alleged civil rights violations. One of the most important things that […]

READ MORE

Holding Supervisors Responsible for Wrongful Acts of an Employee

Holding Supervisors Responsible for the Wrongful Acts (Torts) of an Employee The theory of respondeat superior (employer liable for wrongful acts of employee) is a familiar doctrine to many business owners (and their lawyers).  Simply stated, an employer is vicariously liable for the torts (or wrongful acts) of its employees committed within the scope of employment. […]

READ MORE

Is There an “Independent Contractor” Test?

Anyone who owns or manages a business knows that the threat of litigation is ever present. Unfortunately, a business’s own employees are often the source of litigation. This is particularly true if a business utilizes independent contractors. For a business owner, it can be extremely difficult to avoid disputes over the classification of workers when […]

READ MORE