Yearly Archives: 2018 ( Page 3 )

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Knowing Water Freezes Does NOT Mean Defendant Should Foresee that Water Will Freeze at a Certain Location

Businesses can control many factors on their property, but they cannot control the weather or alter the laws of physics. Water freezes at 32°F. Ice is slippery. Everybody knows the basic facts of the physical properties of water and ice. Among attorneys, there’s another equally well-known fact: Whenever a plaintiff slips and falls on ice—whether ...
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Five Tips for Protecting Your Company’s Trade Secrets

Protecting your trade secrets and proprietary information is a vital part of your business. Every company needs to have policies and agreements in place to prevent employees from stealing property, and wrongfully soliciting your employees and customers when they leave to work for a competitor. Equally important, you must ensure that newly hired employees understand ...
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In-flight Emergency: Cabin Depressurization

Several high-profile incidents have highlighted the issue of cabin depressurization on airliners. While some cabin pressure incidents can cause serious injuries or even fatalities, most pose little threat to passengers. Basic precautionary steps can help protect travelers in the event of an emergency. Cabin Pressurization-related Incidents Cabin pressurization incidents occur on a regular basis around ...
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The Unique Challenges of Data Security in the Hospitality Industry

The hospitality industry has been in the news frequently over the past year as a result of multiple and significant data security incidents. Nationally recognized hotel and resort brands continue to suffer by cyber-attacks, including theft of payment card data from their retail and food/beverage outlets, and at times theft of guest data from reservations ...
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Court Finds that Restaurant Complied with California Law by Requiring Employees Purchasing Discounted Meals to Eat their Meals on Premises

In California, generally an employer may not employ a non-exempt employee for a work period of more than five hours per day without providing the employee with a meal period that may be taken off the premises. Yet, in the restaurant industry employers often provide employees free or discounted meals to be eaten on the ...
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The Most Aggressive Privacy Law in the U.S.: Tracking the California Consumer Privacy Act of 2018

Signed into law on June 28, 2018, the California Consumer Privacy Act provides the most comprehensive and aggressive privacy law in the United States — despite being pushed through the legislative process in one week. The California State Legislature will reconvene from Summer Recess on Monday, August 6, and it is expected to reevaluate the ...
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Mitigating Risk for Rogue Employee Speech

Generally, employers can be held vicariously liable for the tortious conduct of an employee committed within the scope of his or her employment.  This often arises in the context of negligence cases, such as automobile and workplace accidents.  However, employers can also be held liable for defamatory statements made by their employees when those statements ...
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California Supreme Court Rejects De Minimis Doctrine for Off-The-Clock Work Claims

On July 26, 2018, the California Supreme Court issued a decision entitled Douglas Troester v. Starbucks Corporation, No. S234969, which should be of concern to all California employers. The specific issue was whether, in tracking the compensable time of its non-exempt employees, Starbucks could ignore minutes that they spend closing up after they clock out ...
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