On April 12, 2012 the California Supreme Court issued its very long awaited decision relating to employee meal and rest breaks in Brinker Restaurant Corporation v. The Superior Court of San Diego County, (Hohnbaum), ___ Cal.4th ___ (April 12, 2012).

In Brinker, the California Supreme Court answered the following questions:

1. When Must 10 Minute Rest Breaks Be Given?
2. Whether [...]

California Law on Gift Cards and Gift Certificates.

In California, California Civil Code Sections 1749.45-1749.6 prohibit the inclusion of an expiration date, service fee, and dormancy (non use) fee on most gift certificates and gift cards (if purchased) from a California retailer for use with the retailer and/or its affiliates. In addition, pursuant to California Civil Code Section [...]

In California, there are two types of homesteads: (1) automatic and (2) declared. Although the filing of a declared homestead does add a little to the homestead protection that California law automatically provides to all homeowners, similar protections are enjoyed by homeowners who have not properly recorded a homestead declaration.

As implied, [...]

Although covenants not to compete and non solicitation clauses are generally unenforceable in California, on March 21, 2012, in Pyro Spectaculars North Inc. v. Souza, a judge in the Eastern District of California issued an injunction against an employee who had been soliciting the customers of his former employer. This case illustrates that when a California employer implements the right procedures to protect its customer’s lists and data, a court may [...]