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Your Legal Corner - Client Alert Blog

Post Termination Noncompete and Nonsolicitation Clause in Employment Agreements Ruled Void

Written By: Melissa C. Marsh, Esq., California Business Attorney, October 2012

Surprise Surprise…California hates non-competition agreements and its courts are loathe to enforce them except in very limited circumstances. One such circumstance is Bus. & Prof. Code § 16601, which permits the enforcement of a reasonable covenant not to compete entered into in connection with the sale of a business. The stated policy behind this limited exception is to protect an acquired business's goodwill. On August 24. 2012, the Fourth Appeallate District Court of Appeal's decision in Fillpoint, LLC v. Maas, [...]

Tags: compete clause, noncompete, nonsolicitation
Posted In: Employment Law News 

Employers May Be Able To Claw Back Advances On Commissions

Written By: Melissa C. Marsh, Esq., California Business Attorney, October 2012

This year the California Second District Court of Appeal have heard at least two cases involving a California employer's attempt to "claw back" a paid, or prepaid commission, and in each case came to opposite conclusions based on the employer's written commission plans and agreements.

On May 8, 2012, in Sciborski v. Pacific Bell Directory, 205 Cal.App.4th 1152 (2012), a California Court of Appeal emphasized the importance of clear language in commission plans and agreements. In [...]

Tags: commission
Posted In: Employment Law News 

Written Employment Contracts Required For California Employees Paid Commissions

Written By: Melissa C. Marsh, Esq., California Business Attorney, October 2012

Effective January 1, 2012, California Labor Code sections 2751 and 2752 require all employers (in-state and out-of-state) who pay their California employees a commission to provide said employees with a written employment contract or plan that specifies the method by which the commissions will be computed and paid. Employees must acknowledge that they received the contract and/or plan.

California [...]

Tags: written commision agreements required
Posted In: Employment Law News 

California Women Granted Enumerated Protections for Breastfeeding

Written By: Melissa C. Marsh, Esq., California Business Attorney, October 2012

Under the California Fair Employment and Housing Act (FEHA), it is unlawful to engage in specified discriminatory practices in both the employment setting and in housing accommodations on the basis of sex.

Under existing law, “sex” is specifically defined under the FEHA to include gender, pregnancy, childbirth, and medical conditions related to pregnancy or childbirth.

Effective [...]

Tags: breastfeeding, discrimination
Posted In: Employment Law News  Real Estate Reporter 

California FEHA Amended to Prohibit Discrimination For Religious Dress and Grooming Practices

Written By: Melissa C. Marsh, Esq., California Business Attorney, October 2012

The California Fair Employment and Housing Act (FEHA) prohibits discrimination (except in the case of undue hardship) in employment and housing based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age or sexual orientation. Assembly Bill 1964, signed by Governor Brown, codifies existing interpretations of religious discrimination under the FEHA into the [...]

Tags: religious discrimination
Posted In: Employment Law News 

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Disclaimer: The information presented on this web site was prepared by Melissa C. Marsh for general informational purposes only and does not constitute legal advice. The information provided in my articles and alerts should not be relied upon, or used as a substitute for professional legal advice from an attorney you retain to advise or represent you. Your use of this Internet site does not create an attorney- client relationship. Transmission of this article is not intended to create, and receipt of it does not constitute, an attorney-client relationship. All uses of the contents of this site, other than personal uses, are prohibited. You may print or email a copy of any information posted on this web site for your own personal, non-commercial, use, but you may not publish any of the articles or posts on this web site without the Express Written Permission of Melissa C. Marsh.

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Located in Los Angeles, California, the Law Office of Melissa C. Marsh handles business law and corporation law matters as a lawyer for clients throughout Los Angeles including Burbank, Sherman Oaks, Studio City, Valley Village, North Hollywood, Woodland Hills, Hollywood, West LA as well as Riverside County, San Fernando, Ventura County, and Santa Clarita. Attorney Melissa C. Marsh has considerable experience handling business matters both nationally and internationally. We routinely assist our clients with incorporation, forming a California corporation, forming a California llc, partnership, annual minutes, shareholder meetings, director meetings, getting a taxpayer ID number (EIN), buying a business, selling a business, commercial lease review, employee disputes, independent contractors, construction, and personal matters such as preparing a will, living trust, power of attorney, health care directive, and more.