Blogs By: Scott Shibayama, Esq.

Protecting The “Secret Sauce” The law of trade secrets has broader application than to employee relations. But the problem often arises in the employment setting, usually when a departing employee feels they can take your “secret sauce,” steal your clients and start a competing business…Read More

When we talk about the “right to privacy” in the employment context, it is important to note generally we are not talking about the “employer’s” or the “business’” right to privacy. You guessed it, we are talking about the “employee’s” right to privacy and in…Read More

Since the California Supreme Court’s Armendariz decision, arbitration agreements under California law have been bitter sweet. California small-medium businesses (SMB’s) can impose mandatory arbitration agreements on employees to arbitrate employment related disputes, but must pay for all fees and costs associated with the arbitration. Mandatory binding arbitration…Read More

Not Just For The Fortune 500 What would you do if your business was handed a wage and hour class action Summons & Complaint requiring a response within 30 days and demanding $1.9M in damages, the alternative being a default judgment being taken against your…Read More

“Class action” lawsuits based on labor law violations threaten large and small businesses throughout California. Wage and hour laws are designed to protect laborers against unfair practices by employers and are some of the oldest labor laws in the nation. But today, class-action lawsuits allow…Read More

Your tax dollars at work – the federal Department of Labor (DOL) has increased its budget request 16% in 2010 and 25% in 2011 over the 2009 budget (all you smaller business owners out there can groan out loud!). Part of the reason for the…Read More

In California, your company has legal obligations with regard to unlawful harassment: You must take steps to prevent unlawful harassment from occurring You have a duty to promptly investigate claims of unlawful harassment You have a duty to take immediate and appropriate corrective action if…Read More

The Need For Fair Competition We live in a great country and a great state. Both are built on a free market economy based on supply and demand. This valued and fundamental policy of “free market” is built into California law. Therefore, any agreement by…Read More

Unless  you have had the misfortune of being sued by your employee on a wage claim, this will likely come as a surprise. If you are even a day late in paying wages to the employee you just terminated or who quit, you will owe…Read More

Discrimination Claims With A Spin…And Then Some To make sure California management and business owners “get it,” federal and state laws create variations on the theme of unlawful discrimination. Not only is it unlawful for business to take adverse action against an employee because of…Read More