Larson & Gaston, LLP


Employment Litigation Archives

California judge reverse his own decision after reconsideration

As some of our readers may already know, the ridesharing service Uber uses a smartphone application to connect people in need of transportation with drivers who are willing to provide it. The service is now available in a number of cities across the nation and has gained thousands of followers.

Will there be legal issues for employers of fast food protesters in California?

In San Diego this week, as well as in other cities across the nation, a large number of fast food workers hit the streets to protest low wages in the food service industry, further raising awareness about minimum wage and the fact that it may not be sufficient enough to stay above the poverty line in many states.

Covenants not to compete

While not always, non-compete agreements, sometimes called "covenants not to compete," often appear in the employment agreement context. They are typically intended to prevent an employee from accepting later employment with a competitor of the employer within a certain geographical area and for a certain amount of time.  Unfortunately, while employers like these provisions, they often lead to employment litigation. In interpreting these agreements, courts in most jurisdictions try to strike a reasonable balance in which the employer is allowed to place some restrictions on the subsequent employment of its employee, so long as the restriction is not unreasonable in time and geographical scope, does not create an undue hardship, and is aimed at protecting a legitimate interest of the employer. Not surprisingly, California courts strike a "balance" that is heavily tilted in favor of the employee.

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