Who’s the Boss?

Recent Posts from Who’s the Boss?

• WELCOME TO THE ALSTON plus BIRD LABOR AND EMPLOYMENT BLOG

  Welcome to the Alston & Bird Labor and Employment Blog.

• EMPLOYER’S CATCH A BRAKE – COMMUTE TIME IN EMPLOYER VEHICLES STILL NOT COMPENSABLE IN CALIFORNIA…MAYBE

  If only I could be paid for my commute.  See, I live in the South Bay (the Southern California version) and commute to downtown Los Angeles along the 405, 105 and 110 freeways.  It's neither…

• SUPREME COURT'S TWOMBLY AND IQBAL GIVE CORPORATE DEFENDANTS NEW TOOLS TO STAVE OFF EMPLOYMENT PLAINTIFFS SEEKING TO DEFEAT DIVERSITY

  Martha Doty, one of our California L&E specialists, has been railing for years (at least it seems like years to those of us who have to listen to it in group meetings and lunchroom therapy…

• EEOC EXPANDS ADA'S DEFINITION OF "DISABILITY"

  From time to time, our firm sends out advisories to our clients regarding labor and employment issues that are particularly topical.  Today's introduction to the new proposed disability regulations is an example.  In the advisory…

• BATTLE OF THE TITANS: WHEN TRADE SECRET PROTECTION AND THE PROHIBITION ON NON-COMPETES HIT HEAD ON IN CALIFORNIA – ONE COURT GETS IT RIGHT

  We all know that non-competes are generally verboten in California.  If you aren’t sure, read this brilliant blog entry (and this one).  California is very protective of its workers’ rights to move from job to…

• STARBUCKS HANGS ON TO ITS $86 MILLION TIP MONEY -- BUT WHAT'S NEXT?

  Remember way back when, when we reported on the reversal of the $86 million Starbucks tip pool verdict?  You can read about it here.  At the time, we agreed with the court's decision, opining that:…

• SECONDARY EMPLOYMENT FOR FURLOUGHED EMPLOYEES – WATCH THOSE CONFLICTS…AND UNFORTUNATE WORD CHOICES

  A small splash was made recently when a Sacramento television news station reported that the California Department of Public Health had issued a memo to furloughed employees that they should consider taking a second job…

• WORKPLACE VIDEO SURVEILLANCE -- A NEW STANDARD

  What does the California Supreme Court's recent decision in Hernandez v. Hillsides, Inc. mean to California employers who have legitimate needs for workplace video surveillance of its employees and work areas?  Plenty.  Alston & Bird workplace privacy…

• $1.6 MILLION SANCTION AWARD SENDS A LOUD MESSAGE THAT INEVITABLE DISCLOSURE REALLY IS DEAD AND BURRIED IN CALIFORNIA

  [A Flir infrared imaging system utilizing a microbolometer array]You’ve probably heard about the inevitable disclosure doctrine.  It’s a great trick for employers.  It’s like getting all the benefits of a non-compete without actually having to…

• $4.1 BILLION SINGLE PLAINTIFF ARBITRATION AWARD ... CONTINUED

  While we are getting accustomed to hearing the "Billion" word associated with "dollars" these days, a $4.1 billion award for a guy who suffered a firing in these times is still pretty remarkable.  We are…