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California Employment Law Update

Non-California Forum Selection Clause Is Barred By Labor Code Section 925

By Tony Oncidi

December 2, 2020

Midwest Motor Supply Co. v. Superior Court, 2020 WL 6305492 (Cal. Ct. App. 2020) Patrick Finch worked as a sale supervisor for Midwest Motor Supply and was employed in 2014 pursuant to an employment agreement that contained a choice-of-law and forum selection clause invoking Ohio law and venue in Franklin County, Ohio. Finch was promoted in 2016 and received a new compensation plan; he also received new compensation plans in 2017 and 2018. After Finch…

California Employment Law Update

Google Employees’ PAGA Claims Are Not Preempted By The NLRA

By Tony Oncidi

December 2, 2020

Doe v. Google, Inc., 54 Cal. App. 5th 948 (2020) Google requires its employees to comply with various confidentiality policies, including policies that allegedly prevent employees from using or disclosing the “skills, knowledge, and experience” they obtained at Google for purposes of competing with Google; policies that prevent employees from disclosing violations of state and federal law either within Google or outside Google to private attorneys or government officials; and policies that prevent employees from…

California Employment Law Update

Employer Gets No Relief From $1.6 Million Default Judgment

By Tony Oncidi

December 2, 2020

Kramer v. Traditional Escrow, Inc., 56 Cal. App. 5th 13 (2020) Michelle Kramer filed this wage and hour lawsuit against her employer and its alleged alter ego. A few months after defendants answered the initial complaint, their counsel withdrew, and defendants subsequently chose not to participate in the case. In violation of the California Rules of Court, defendants changed their mailing address without giving notice to plaintiff or the trial court. Despite the fact that…

California Employment Law Update

Court Affirms Dismissal Of Trade Secrets Claim Brought Against Apple

By Tony Oncidi

December 2, 2020

Hooked Media Group, Inc. v. Apple Inc., 55 Cal. App. 5th 323 (2020) Hooked Media, a startup company that Apple expressed interest in acquiring, sued Apple after Apple passed on the deal but three of Hooked’s most important employees (including two engineers and the Chief Technical Officer) left to work for Apple. Hooked sued for fraud, misappropriation of trade secrets, interference with contract and related claims. The trial court granted summary judgment to Apple, and…

California Employment Law Update

Court Affirms $4.26 Million Jury Award For “Self-Published Defamation”

By Tony Oncidi

December 2, 2020

Tilkey v. Allstate Ins. Co., 2020 WL 6268474 (Cal. Ct. App. 2020) Allstate terminated Michael Tilkey, a 30-year employee who sold life insurance, after Tilkey’s arrest in Arizona following a domestic dispute with his girlfriend; he was arrested for “criminal damage deface, possession or use of drug paraphernalia and disorderly conduct, disruptive behavior.” Domestic violence charges were attached to the criminal damage and disorderly conduct charges. Following an investigation, Allstate terminated Tilkey’s employment for “engaging…

Labor Relations Update

D.C. Circuit Remands Hotel Certification Decision and Reminds Board to Explain Its Reasoning

By Mark Theodore, Joshua Fox & Samantha Shear

December 2, 2020

On October 23, 2020, the D.C. Circuit granted Davidson Hotel Company’s petition for review of unfair labor practices resulting from its refusal to bargain with two newly-certified bargaining units, and denied the NLRB’s cross-petition for enforcement of an order to engage in collective bargaining with those units. The Circuit also remanded the underlying unit certification decision to the Board, noting that the NLRB failed to persuasively distinguish relevant precedent presented by the employer and otherwise…

Minding Your Business

To Register a “Generic.com” Term, Show that Consumers Perceive It As Not Generic

By Tiffany Woo

December 2, 2020

The U.S. Patent and Trademark Office has issued guidance on how it will treat applications to register “generic.com” terms in the wake of the Supreme Court’s June 30, 2020 decision in United States Patent and Trademark Office v. Booking.com. We previously wrote about the Supreme Court’s Booking.com decision, which affirmed the Fourth Circuit’s decision that the mark BOOKING.COM was registrable and not generic. The Supreme Court’s decision tracked the arguments in an amicus brief…

Employee Benefits & Executive Compensation Blog

Delegating Fiduciary Responsibilities Related to ESOP Results in Dismissal of ERISA Stock-Drop Claims

By Russell Hirschhorn, Paul M. Hamburger & Kyle Hansen

December 2, 2020

Among the many lawsuits Boeing confronted following the disclosure of problems with the 737 Max was a class action brought by participants in the Boeing Voluntary Investment Plan who invested in the Boeing ESOP. The plaintiffs alleged that the Boeing defendants breached their ERISA fiduciary duties by concealing problems with the 737 Max, which allegedly caused Boeing’s stock price to be artificially inflated and ultimately to decline once the problems with the 737 Max were…

Proskauer For Good

It Is Time to Address the VA’s Enormous Backlog of Claims for Disability Benefits

By Alicia Harris & Alexander Volpicello

December 1, 2020

Nearly half of the 20 million veterans in the United States use at least one government benefit or service offered by U.S. Department of Veterans Affairs (commonly known as the “VA”). Many of these veterans have developed mental and physical disabilities related to their service, and are entitled to compensation. However, despite the urgency to address the financial and medical burdens hampering our nation’s veterans, the process to obtain disability benefits is often long and…

Labor Relations Update

Handbook Civility Rules Aimed at Preventing Toxic Work Environments Found Lawful by NLRB’s Division of Advice

By Mark Theodore, Joshua Fox & Elizabeth Dailey

December 1, 2020

The NLRB’s Division of Advice recently released a long-awaited Advice Memorandum (originally issued in February 2019, Chipotle Mexican Grill, Case 28-CA-229134 (Feb. 22, 2019)) concerning the validity of two workplace rules under the Boeing standard: (1) a rule encouraging employees to “[b]e…objective” in their communications; and (2) a rule requiring employees to notify the employer of inquiries or requests for information from governmental entities. Advice concluded the rule concerning employee communications was a lawful workplace…

Proskauer Rose LLP

Non-California Forum Selection Clause Is Barred By Labor Code Section 925

Google Employees’ PAGA Claims Are Not Preempted By The NLRA

Employer Gets No Relief From $1.6 Million Default Judgment

Court Affirms Dismissal Of Trade Secrets Claim Brought Against Apple

Court Affirms $4.26 Million Jury Award For “Self-Published Defamation”

D.C. Circuit Remands Hotel Certification Decision and Reminds Board to Explain Its Reasoning

To Register a “Generic.com” Term, Show that Consumers Perceive It As Not Generic

Delegating Fiduciary Responsibilities Related to ESOP Results in Dismissal of ERISA Stock-Drop Claims

It Is Time to Address the VA’s Enormous Backlog of Claims for Disability Benefits

Handbook Civility Rules Aimed at Preventing Toxic Work Environments Found Lawful by NLRB’s Division of Advice

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