EEOC’S PROPOSED ADAAA REGULATIONS

by Jennifer Brown Shaw and Becki D. Graham | The Daily Recorder | Oct 6, 2009

The Americans With Disabilities Act’s (“ADA”) employment provisions became operative in 1992. Since then, the Equal Employment Opportunity Commission (“EEOC”) has issued hundreds of pages of regulations, technical assistance, and...

PUNITIVE DAMAGES AND CALIFORNIA EMPLOYMENT LAW

by Jennifer Brown Shaw and Matthew Norfleet | The Daily Recorder | Sep 22, 2009

California law authorizes punitive damages to punish and discourage “oppression, fraud, or malice.” Courts have explained that punitive damages are “an expression of moral condemnation” for conduct done with “willful and conscious...

NEW RULES REGARDING NON-SOLICITATION AGREEMENTS IN CALIFORNIA

by Jennifer Brown Shaw and Alayna Schroeder | The Daily Recorder | Sep 15, 2009

When employees with access to key company information and knowledge about company practices leave to work for competitors, employers are naturally concerned about protecting themselves. One way employers try to do this is through various types of agreements with...

AN UNEVEN PLAYING FIELD

by D. Gregory Valenza | The Daily Journal | Sep 11, 2009

The Fair Employment and Housing Act (FEHA) includes a simple provision awarding attorney’s fees: “In actions brought under this section, the court, in its discretion, may award to the prevailing party reasonable attorney’s fees and costs, including...

SARBANES-OXLEY’S WHISTLEBLOWER PROTECTION EXPLAINED

by Jennifer Brown Shaw and Shane Anderies | The Daily Recorder | Aug 25, 2009

Sarbanes-Oxley Act of 2002 (“SOX”) is a federal law. Congress passed it on July 30, 2002, in response to a number of major corporate and accounting scandals. SOX, among other things, created whistleblower protection for any employee who reports that a...

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