Using Confidentiality Agreements to Protect Employer Information

Employment

Non-disclosure and confidentiality agreements are routinely executed between employers and employees, particularly in emerging or highly competitive industries. The goal of the Non-Disclosure Agreement (NDA) is to ensure that employees or independent contractors who obtain proprietary knowledge during their relationship with the business do not use or disclose the information after the relationship has ceased. Similarly, in many states, a Non-Compete Agreement (NCA) restricts an employee from employment in the same field for a specified amount of time and within a certain distance from the former employer. In California, however, a 2008 Supreme Court decision found that NCAs are not... READ MORE

Most businesses are aware of the value of written employment agreements to establish the roles and responsibilities of employees and address the legal obligations of employees with respect to confidential information upon termination. Employee contracts are an important step in preventing employee-related disputes and should be reviewed periodically as employment relationships and employment conditions evolve. An equally important staple for both large and small businesses is creating and distributing employee handbooks. Although providing employee handbooks is not mandated by law in California, every business in California must have certain employee policies in writing. As such, it is generally accepted as... READ MORE

The California legislature has taken action to prevent abusive treatment of foreign laborers by California employers in a new law enacted in 2015. The California Foreign Labor Recruitment Law (SB 477) provides protections to foreign workers by restricting certain practices by foreign labor contractors, described as any person who solicits or recruits a foreign worker who resides outside the United States for paid work for employer’s business in California. This legislation is modeled after a previous bill, SB 516, which included employers that directly hired foreign laborers in its restrictions on exploitative employment practices. The current bill, which covers only... READ MORE

The California legislature enacted several new laws this past year affecting employees and independent contractors.  Under AB 1897, which went into effect on January 1, 2015, employers may become jointly liable with independent contractors it hires to provide labor for wage violations and workers compensation defaults of the independent contractor for services that are within the course of the employer’s business or performed at the employer’s work site. Accordingly, employers benefiting from labor services will share with the labor contractor all civil legal responsibility and civil liability for all workers supplied to the company. In the past, these rules applied only to... READ MORE