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What Are The Implications Of An Anti-Fraternization Policy As Applied To Non-Supervising Coworkers?

Posted on August 23, 2014

The Implications of an Anti-Fraternization Policies As Applied to Non-Supervising Coworkers Since the decision of the California Court of Appeals in Barbee v. Household Automotive Finance Corp., 113 Cal. App. 4th 525 (2003), employers have been assured that anti-fraternization policies which prohibit sexual and/or romantic relationships amongst supervisors and subordinates are enforceable. What has been largely absent from this discussion is whether anti-fraternization policies that apply to co-workers (who are not in … Read More

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Is There A Difference Between An Employee And An Independent Contractor?

Posted on August 23, 2014

Employees And Independent Contractors Are Very Distinct And Different From Each Other In an effort to save money and the headaches ordinarily associated with employing someone, some employers treat their employees as independent contractors. Such business practices could expose a business to penalties, damages, and other liabilities. In evaluating whether a relationship is one of employer-employee or that of an independent contractor, “[t]he label placed by the parties on their relationship is … Read More

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Are Non-Competition Clauses Enforceable In California?

Posted on August 23, 2014

With Limited Exceptions, Non-Compete Clauses Are Not Enforceable in California California Has a Strong Policy in Favor of Open Competition “California has a settled public policy in favor of open competition.” Kelton v. Stravinski, 138 Cal. App. 4th 941, 946 (2006). The general rule, as embodied in section 16600 of the California Business and Professions Code (“Section 16600”) is that, with limited exceptions, “every contract by which anyone is restrained from engaging … Read More

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Can my Employer Withhold Payments From Me For My Debt or My Commissions Chargebacks?

Posted on August 23, 2014

Employers Generally Cannot Withhold Payment From An Employee’s Paycheck. One of the questions that our employment lawyers receive most often from our employment law clients is whether an employer is permitted to deduct from an employee’s check any amount that the employee owes the employer. As a general matter, the employer has very limited rights to take any money out of its employee’s pay check. First, section 221 of the California Labor … Read More

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How Does One Establish Secondary Meaning In A Trademark Infringement Case?

Posted on August 23, 2014

Overview of Trademarks And Establishing Secondary Meaning In Trademark Infringement Cases Categories of Trademarks In order to serve as a trademark, a trademark must be distinctive. In other words, it must be capable of identifying the source of a particular good or service. In making this determination, the lawyers focusing on trademark law group marks into four categories: arbitrary or fanciful; suggestive, descriptive, or generic. The degree of legal protection will depend … Read More

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