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  • Employers Beware: Using Employee Non-Solicitation Clauses May Violate California Law

    A California Court of Appeal on November 1, 2018, affirmed a San Diego trial court’s judgment voiding post-employment non-solicitation of employee contract provisions and enjoining their enforcement. In AMN v. Aya Healthcare __ Cal. App. 4th __, 2018 WL 5669154, the Court also confirmed the award of attorney’s fees to the prevailing former employees and their new employer under California Code of Civil Procedure section 1021.5, which authorizes an award of fees “in the enforcement of an...

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  • A New Defense for Employers in Quit-and-Sue Suits

    By Procopio Partner Tyler M. Paetkau Earlier this year, a California Court of Appeal published a decision that provides employers a defense against former employees who claim they were forced to quit due to intolerable working conditions, Simers v. L.A. Times.  Importantly, the court found that an employer may be entitled to a summary judgment (i.e., a dismissal without trial) of “quit-and-sue” claims known as “constructive” termination – even when the cases involves allege...

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  • The Equal Pay Act, Pay Differentials, and Gender

    Employers can assert as an affirmative defense to a claim under the Equal Pay Act (EPA) that a pay differential is “based on any other factor other than sex.” In Rizo v. Yovino (9th Circuit, April 27, 2017), the employer-county presented evidence that it legitimately based its pay structure on a factor other than gender, arguing that its use of an employee’s most recent prior salary was such a factor.  The Ninth Circuit found its earlier EPA case, Kouba v. Allstate Ins. Co., 69...

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