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Category: Firm News

Alvarado v. Dart Container – A reprieve for California Employees
Posted in Employment Litigation,Firm News on March 9, 2018

On March 5, 2018, the Supreme Court of California issued a ruling in the case Alvarado v. Dart Container Corporation in favor of employees who receive overtime pay as well as a flat sum bonus.  In that case, the plaintiff, Hector Alvarado, worked for defendant, Dart Container Corporation of California, as a warehouse associate.  Dart had a…

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What is Misappropriation of a Trade Secret?
Posted in Firm News,Intellectual Property on April 24, 2017

A “trade secret” is confidential business information that gives its owner a competitive economic advantage over competitors.  Trade secrets are typically formulas, consumer profiles, patterns, programs, methods, techniques, or processes unknown to the public world. In order to meet the basic definition of a trade secret, it must be used and known only to a…

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What Is a “Joint Work” And Who Owns Its Copyright?
Posted in Firm News,Intellectual Property on April 7, 2017

A “joint work” is a work prepared by two or more authors with the intention that their contributions be merged into inseparable or interdependent parts of a unitary whole.  See 17 U.S.C. § 101.A collaborative effort is only classified as a joint work if each author made independently copyrightable contributions to the work, and if the…

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Does the Creator of a Copyrighted Work Always Own the Copyright?
Posted in Firm News,Intellectual Property on February 3, 2017

A copyright is perhaps the greatest legal method of ensuring that you will receive credit for the work you created. A copyright is the legal term used for the rights given to the owner to reproduce, distribute, display, and create adaptations of a protected work. A few types of works that can be protected by…

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What is the difference between “Disparate Treatment” and “Disparate Impact”?
Posted in Discrimination,Firm News on February 3, 2017

The California Fair Employment and Housing Act (FEHA) prohibits discrimination against applicants and employees for a variety of protected classes including, but not limited to: age, race, sex, gender identity, and marital status (See blog entitled “What is FEHA” for more details). Discrimination in the workplace can fall under the two categories of disparate treatment…

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What Rights Do Transgender People Have in the Workplace?
Posted in Employment Litigation,Firm News on December 9, 2016

The California Fair Employment and Housing Act (“FEHA”) sets out the rules that protect employees from discrimination, harassment, and retaliation by their employer. One categorical group that is covered under this Act is gender, gender identity, and gender expression.  Gender identity refers to the gender with which a person identifies.  It is essentially internal and…

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What is the Fair Employment Housing Act (FEHA) and What Does it Cover?
Posted in Employment Litigation,Firm News on December 9, 2016

The Fair Employment and Housing Act (FEHA) is the primary California law that prohibits employment discrimination, harassment, and retaliation in the workplace for a variety of protected categories.  For example, employer are not allowed to treat and employee differently based on the employee’s age (40 and over), ancestry, color, religion, disability, marital status, national origin,…

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Does An Employer Have A Duty To Accommodate An Employee Based On The Disability Of His Family Members?
Posted in Disability Discrimination,Firm News on November 1, 2016

There is no question that under federal and California employment laws, employers are prohibited from discriminating against employees with disabilities.  In fact, employers have an affirmative obligation to take reasonable steps to accommodate the needs of an employee with a disability so that the disabled employee can do his job. The law has been less…

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New Regulations Implemented for Constructing Employment Policies Against Harassment and Discrimination
Posted in Discrimination,Firm News on October 25, 2016

As of April 1, 2016, the California Fair Employment and Housing Council has implemented new regulations for constructing employment policies against harassment and discrimination in the workplace.  Any employer with five or more employees is required by law to have a written policy against harassment and discrimination in the workplace, and there are certain requirements…

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How Much Break Time Does My Employer Have to Give Me?
Posted in Employment Litigation,Firm News on October 13, 2016

I recently asked my 6 year-old niece what was her favorite subject in school and she replied:  “Recess.”  Certainly, that is true for most 6 year-olds.  The same likely is the case for working adults. Research shows that taking breaks during work is important for mental health and concentration, and that taking breaks actually prevents employees from getting…

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