Page 46 - Professions Code News Today

Fastenal Company Ordered To Pay $625,000 For Hidden Surcharges Violation Bay City News Service FacebookTwitterEmail Monterey County District Attorney Jeannine M. Pacioni announced Wednesday that her Consumer Protection Unit -- along with the San Diego County District Attorneys office and the Stanislaus County District Attorneys office -- has entered into a final stipulated judgment with Minnesota-based Fastenal Company regarding allegations that it charged walk-in retail customers undisclosed "...

In an expansive recent ruling, the California Court of Appeal in Brown v. TGS Management Co., LLC reversed a judgment confirming an arbitration award, examining the arbitrator’s findings, and ultimately invalidating a confidentiality provisions in an employment agreement under Business and Professions Code section 16600 on the grounds that they operated as a “de facto noncompete provision” and were “void ab initio and unenforceable.” The court’s decision, upholding the state’s lo...

“On motions to seal, which can consume a great deal of the court’s time and effort, get it right the first time. And by the way, be scrupulously aware of variations in rules among district courts.” One of the uniquely fascinating aspects of trade secret disputes is that they are laced with unbridled emotions, accusations of treachery, and actors who angrily disagree over basic facts. In other words, they provide a perfect metaphor for the year 2020. Let’s take a look back at the cases t...

By City News Service US-HEALTH-VIRUS-CALIFORNIA LOS ANGELES (CNS) - A coalition of California lawmakers have sent a letter to the state Department of Alcoholic Beverage Control requesting that it halt COVID-19 enforcement against restaurants in light of two recent Southern California court decisions, including a Los Angeles judges decision to reverse a ban on outdoor dining in the county.   The letter to ABC Director Eric Hirata alleges the agency has been conducting enforcement activities a...

Thursday, December 17, 2020 Although California generally prohibits non-competition agreements, employers have commonly understood that they could prevent an employee and his or her new employer from using former employers’ confidential information. A recent California appellate case, however, has called into question the enforceability of overbroad confidentiality provisions commonly found in employment contracts.  Brown v TGS Management Company, LLC, 57 Cal. App. 5th 303 (4th Dis...

Semprini v. Wedbush Securities., Inc., 57 Cal. App. 5th 246 (2020) Summary: A compensation plan based solely on commissions, with recoverable advances on future commissions, does not qualify as “salary” for purposes of administrative exemption under California law. Read our in-depth analysis HERE. Brown v. TGS Management Co., 57 Cal. App. 5th 303 (2020) Summary: Broad confidentiality provisions in an employment agreement that effectively prevent an employee from practicing his profession ...

Advertisement Employment Law and Patent Law Collide: Federal Circuit Rules that California’s Non-Compete Restrictions Also Limit the Scope of Patent and Invention Assignment Clauses Tuesday, December 15, 2020 California is well known for its broad restrictions relating to non-competition clauses applicable to workers. After a recent decision by the Federal Circuit, such notoriety may extend to the patent realm. Employers should beware to not fall into this employment agreement trap....

Tuesday, December 15, 2020 CPW readers are already familiar with the California Consumer Privacy Act (“CCPA”) which took effect this year.  Well, buckle your seatbelts and . . . . bolster your internal security practices as the first settlement under the CCPA has been announced and the area in which it has the greatest impact has nothing to do with the monetary relief provided to the class. Last month the high-end children’s clothing retailer Hanna Andersson agreed to pay $40...

HOA Homefront – Requests for HOA Information (Part 2) [The San Diego Union-Tribune] Part 1: Questions about HOA disclosures. Q: I attended my first HOA meeting and I noticed that the format is slightly different from city council meetings. Board members were provided a lengthy document prepared by management, containing specific details on water usage, maintenance requests, and detailed financials. I queried if the report was available, and was told no, they are only provided to board members...

Q: I attended my first HOA meeting and I noticed that the format is slightly different from city council meetings. Board members were provided a lengthy document prepared by management, containing specific details on water usage, maintenance requests, and detailed financials. I queried if the report was available, and was told no, they are only provided to board members. In city council meetings, documents that don’t violate confidentiality or executive session privilege must be made availabl...