MGA Ruling Guides On Time Limits For Trade Secret Claims

by Stephen Moses On Oct. 29, the California Court of Appeal’s Second Appellate District, Division Eight, issued an opinion in MGA Entertainment Inc. v. Mattel Inc., upholding the trial court’s dismissal of MGA’s trade secret misappropriation claims against Mattel over the irreverent Bratz dolls made by MGA.[1]  MGA appealed the judgment of Superior Court Judge Carolyn B. Kuhl, who granted

Mandatory Arbitration Agreements Declared Illegal for Claims Arising Under the California Fair Employment and Housing Act and the Labor Code

by Michelle R. Ferber and Julie Ann Giammona Beginning January 1, 2020, California employers will be prohibited from requiring an employee or a job applicant to execute a mandatory arbitration agreement that waives a worker’s right to file a civil action in court for alleged violations of the California Fair Employment and Housing Act (“FEHA”), and/or the Labor Code.  FEHA

DEPARTMENT OF LABOR ANNOUNCES NEW SALARY THRESHOLD FOR WHITE COLLAR EXEMPTIONS

by Michelle R. Ferber and Julie Ann Giammona Last week, the U.S. Department of Labor (DOL) issued its highly anticipated salary overtime exemption rule, replacing the controversial Obama administration rule. Effective January 1, 2020, the new minimum salary threshold for workers to qualify as exempt under the Fair Labor Standards (FLSA) “white collar” exemption is $35,308 per year. The prior

FEDERAL DEPARTMENT OF TRANSPORTATION DETERMINES CALIFORNIA TRUCKERS ARE EXEMPT FROM MEAL PERIOD AND REST BREAK REQUIREMENTS

by Michelle R. Ferber and Julie Ann Giammona On December 21, 2018, in a victory for the American Trucking Association (ATA), the Federal Motor Carrier Safety Administration (FMCSA), an Agency regulated by the Department of Transportation, granted the ATA petition to exempt commercial motor vehicle drivers covered by the FMCSA’s hours of service regulations from California meal period and rest

CALIFORNIA APPELLATE COURT LIMITS APPLICATION OF DYNAMEX TO WAGE ORDER VIOLATIONS ONLY

by Michelle R. Ferber and Julie Ann Giammona After months of uncertainty, finally, an Appellate Court has spoken with regard to the application of Dynamex to cases involving claims other than alleged wage order violations. In Garcia v. Border Transportation Group, the court concluded that the Dynamex ABC test, which determines independent contractor status, only applies to claims arising from

Employment Law Seminar – Preview of 2019 and Continuing Trends

  Ferber Law would like to invite you to our upcoming Employment Law Seminar.  We will provide a preview of 2019 and continuing trends in employment law.  The details are: DATE:  Tuesday, October 2, 2018 TIME:  9:00 a.m. to 9:30 a.m. Breakfast 9:30 a.m. to 11:30 a.m. Presentation/Questions PLACE:   Roundhouse Conference Center, Shasta Room 2600 Camino Ramon (in BR 2600) San

AN EPIC WIN FOR EMPLOYERS: UNITED STATES SUPREME COURT ENDORSES CLASS ACTION WAIVERS

by Julie Ann Giammona and Michelle R. Ferber Employers across the nation received a green light from the United States Supreme Court in Epic Systems Corp. v. Lewis (May 2018) to include class action waivers in arbitration agreements. The Court specifically concluded that arbitration agreements which provide for individualized arbitration preventing class actions do not violate the National Labor Relations