Lessons from an Overbearing Arbitration Agreement

Lessons from an Overbearing Arbitration Agreement

The Arbitration Agreement Shackled the Employee Baxter complained to her Company that performance evaluation forms illegally coded for age, race, and gender. She also objected to the Company reneging on an extension of about 15 to 30 days on her FMLA leave. Within 2...
Pay Disclosure Prohibited Unless Voluntary

Pay Disclosure Prohibited Unless Voluntary

Pay Disclosure Is a Brake on Gender Pay Parity California employers may not require pay disclosure during the job application process. The rationale for this prohibition is that pay disclosure by women during salary negotiations may very well anchor the new pay rate...
Wage Claims Move Up the Contract Feeding Chain

Wage Claims Move Up the Contract Feeding Chain

Wage Claims in Building Contract Situations Wage claims are ubiquitous in the private building industry.  This story is a fictional account of carpenter Jesus Martinez whose employer failed to pay his wages and has disappeared, leaving only a shell corporation. The...
Customer Lists and Trade Secrets – California

Customer Lists and Trade Secrets – California

Customer Lists are Not Proprietary Merely by Being Included in a Trade Secret Agreement. The following is a completely hypothetical and fictional account presented to illustrate legal principles. The names of individuals and companies do not identify any real persons...
Workplace Bullies:  Tactics and Countertactics.

Workplace Bullies: Tactics and Countertactics.

Workplace Bullies at work use tactics like these: 1. Phony Performance Improvement Plans or “PIPS.” Bully managers use these for set ups to harass you. The “plan” is not to improve your performance through training, resources, and availability for guidance, but to...