Tag Archives: California Court of Appeal

California Court of Appeal Determines Customer of Staffing Agency Is Employer Because of Direction and Control

By Eric W. Witt on November 8, 2019 Posted in California, Staffing Agency

In Jimenez v. U.S. Continental Marketing, Inc., the California Court of Appeal addressed whether the plaintiff and appellant, Elvia Velasco Jimenez, was an “employee” of a contracting employer under the California Fair Employment and Housing Act (FEHA). In answering this question, the court also provided useful guidance to California businesses on the standard for whether an … Continue Reading

California Federal District Court Interprets Recent California Court of Appeal Decision to Broadly Prohibit Employee Non-Solicitation Agreements

By Eric W. Witt on February 5, 2019 Posted in Non-Compete

California employers and their legal counsel reasonably had assumed that California law distinguishes employee non-solicitation agreements from noncompetition agreements and that the former were enforceable. That assumption was based largely on a 1985 decision by the California Court of Appeal in Loral Corp. v. Moyes, 174 Cal. App. 3d 268, which enforced an agreement prohibiting a … Continue Reading