Pregnancy in the Workplace

Pregnant Employees, Pregnancy Discrimination, Pregnancy Disability Leave || Under California Government Code section 12945, it is unlawful for an employer to refuse to allow a female disabled by pregnancy, childbirth, or a related medical condition to take a leave for a “reasonable period” of time not to exceed four months and thereafter return to work.  This is also known as the Pregnancy Disability Leave Law (PDLL). The regulations implementing the PDLL provide, in pertinent part, that “all employers must provide a leave of up to four months, as needed, for the period(s) of time an employee is actually disabled because of pregnancy, even if an employer has a policy or practice that provides less than four months of leave for other similarly situated temporarily disabled employees.”

Employment Law|

General Contractors & The Privette Doctrine

A Hiring Party May Be Liable For The Contractor’s Torts If The Hirer Had The Right To Terminate The Relationship || As a general rule, an employee of an independent contractor cannot sue the party that hired the contractor to do the work. This is also known as the Privette Doctrine, which arose after the case of Privette v. Superior Court. In the Privette case, the Court held that owners and general contractors are not liable for injuries to the employees of subcontractors unless they have affirmatively done something by an act or omission that causes the injury.

Business Law, Employment Law|

Enforcing a Non-Compete Agreement

California State Courts Are More Likely To Enforce An Employer’s Non-Compete Agreement When Trade Secrets Are Involved || Under Business and Professions Code §16600, every contract where one is restrained from engaging in a lawful profession, trade, or business of any kind, is to that extent void. Some employers assume that this code section is a rule that non-competition employment agreements are not unenforceable. That is an incorrect assumption. The purpose behind Business and Professions Code §16600 is to ensure that every citizen retains the right to pursue any lawful employment and enterprise of their choice, and protects the important legal right of persons to engage in businesses and occupations of their choosing.

Business Law, Employment Law|