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Fremont business law attorneyConfidentiality agreements can protect a company’s secrets, ensure an employee knows what is expected of them, and they can mitigate against problematic employees, right from the date of hire – but are they ever a violation of the federal labor law? If so, when, why, and how? Learn the answers to these questions, and discover how an experienced business law attorney can protect your company’s interest with help from the following information.

Confidentiality Agreements Must Meet Certain Criteria

Although employers are within their rights to request a confidentiality agreement from their employees, there are certain requirements to which they must adhere. For example, a confidentiality agreement cannot be so restrictive that it violates an employee’s rights – and that includes their rights to whistleblower protections.


Fremont business litigation lawyersMany retail businesses run sales, and for good reason. They entice new customers to come in and check the store out and encourage loyal patrons to come in and buy more. Yet there are some rules about retail sales in California. Four major retailers are being accused of breaking these rules and, depending on the outcome of their case, they could serve as an example to other companies that fail to comply with state law.

Four Retailers Facing Possible Litigation

According to CNN Money, there are four retailers facing possible litigation with the city of Los Angeles. They are being accused of misleading their customers on the difference between sale price and market price of their products. In other words, customers are allegedly getting less of a bargain than they had thought.


Fremont business law attorneyFew small business owners are raking in the cash. In fact, many have only a month or so of reserve in place, should an emergency closure happen. It is this lack of financial security that can place small businesses at serious financial risk during a lawsuit. California state recognizes that risk and has taken proactive steps to protect small business owners from lawsuits under the Americans with Disabilities Act (ADA). Learn more about this protection, and why it is important, with help from the following.

Understanding the Americans with Disabilities Act

The ADA was put in place to protect those with disabilities. It explicitly prohibits the discrimination against any individual with disabilities in the workplace, public accommodation, government activities, transportation, and communication. All this essentially means that employers, businesses, transportation providers, and even government agencies must accommodate disabled persons according to the law.


California business law attorneyAlthough federal law does not require that employers give their employees rest breaks, state law does. As such, employers within the state of California must comply. More than that, employers must understand that there are no exceptions. A recent California Supreme Court ruling confirms this. The following information explains the California’s rest break law, ensuring you have the information you need to protect your business and avoid litigation.

Minimum Work Hours for Rest Breaks

As outlined by the Industrial Welfare Commission Wage Order, employers must offer all employees a rest period that is within the middle of any work period that amounts to three and one-half hours or more. So, for example, any employee that works a four hours shift should take their rest break two hours into their shift - or at least as close to that time as practical. For example, an employer may stagger the rest periods of employees who started work at the same time to avoid a workflow interruption. Any employee that works less than three and one-half hours is not entitled to a rest break under the California state law’s guidelines.


Fremont CA business law attorneyCalifornia has one of the most progressive Family Leave programs in the nation. It allows workers time off, job holds, and even a provision that provides them with a partial income while caring for a newborn or ill family member. However, legislation feels there is still a gap in the system; as of right now, employees who work at businesses with fewer than 50 employees do not have access to the program. A new bill seeks to change this. If you are a small business owner, learn how your business may be affected, and how you can avoid possible litigation over compliance issues.

California’s Family Leave Act

There are, essentially, two important portions of the Family Leave Act. The first is that an employer must allow employees the right to take up to six weeks of time off to care for an ill family member, or to bond with a newborn, without fear of losing their job. A temporary employee may cover the absent employee’s duties, but the job (or a similar job with the same pay and benefits) must still be available when the employee returns to work. Failure to comply can result in litigation against the company.


Fremont CA business law attorneysSmall business owners often struggle to keep good, quality employees because they are sometimes unable to offer the same sorts of incentive as bigger corporations. This may lead them to try and accommodate by being more flexible. Unfortunately, that flexibility can, in some cases, leave them open to litigation. Find out if your small business is at risk by examining these commonly broken employment laws.

Flexible Lunch Breaks and Hours

Although employers are not obligated to give their employees a lunch break under federal law, California state labor laws require that employers give non-exempt employees a minimum of one 30-minute lunch break. This must be given no later than at the end of their fifth hour worked. Failure to do so – either to give them the flexibility to leave earlier in the day, or simply to accommodate for a rush – can lead to litigation.


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