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Disclaimer: This contest, the prize, and the rules are completely random.

by EMPLOYEE RIGHTS EXCLUSIVELY | Dec 23, 2010

I am preparing a mediation brief.  Each case has its own theme.  In this one I have constructed a line adapted from a classic tale:  “If you play croquet by the Queen’s rules, all is well.”  Trivia quiz:  What was the full real name of the author?  I...

On the Brinker of Disaster: Give Employees a Break, Will Ya?

by EMPLOYEE RIGHTS EXCLUSIVELY | Dec 22, 2010

Oh, that economics, law, and ethics would perfectly align.  In such a world, employers would not only know the law, but they would follow it scrupulously.  They would not allow the emergence of a corporate structure that encouraged the skipping of rest breaks.  Such...

The Big Bananas and the Big Banana Judgment: A sadly sterile outcome.

by EMPLOYEE RIGHTS EXCLUSIVELY | Dec 21, 2010

I remember Walter Lack as a prominent attorney many years ago.  His reputation has not flagged, and he remains a “big banana” in the profession, as does his friend and occasional co-counsel Thomas Girardi.  Both of these Los Angeles based attorneys sought...

Peeling the Layers of the Non-Compete Onion: It’s Enough to Make You Cry!

by EMPLOYEE RIGHTS EXCLUSIVELY | Dec 20, 2010

Introduction: Oh, that it would be so simple as to render an opinion on a non-compete provision for a California California employee, contracting with a California employer, for services rendered in California, for California customers. Such an effort to restrict an...

You Slapp Me; I’ll Slapp You Back: Free Speech or Defamation?

by EMPLOYEE RIGHTS EXCLUSIVELY | Dec 16, 2010

Overhill Farms, Inc. v. Nativo Lopez, et al. 2010 DJDAR 18717. Overhill produces frozen food products and employs 1,000 workers in the industrial Southern California city of Vernon (Los Angeles County). The workers are unionized. Overhill received an IRS notice that a...

Prayer to St. Agnes, Patron Saint of Arbitrations

by EMPLOYEE RIGHTS EXCLUSIVELY | Dec 13, 2010

St. Agnes,  intervene for me before the Court of Appeal to cause, by your four factors, a decision that compels arbitration.  Amen. A physician sued for malpractice by his patient would ordinarily want to arbitrate under his own arbitration agreement with the patient....
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