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1011 Camino Del Rio S, Suite 531
San Diego, CA, 92108
United States

(619) 236-8655

Representation in business, real estate, construction, home care, trust and probate litigation and general civil litigation.


Filtering by Category: Employment

Evidence for a Restraining Order against a Former Employee

Ron Stormoen

Oftentimes when people hear the words “restraining order,” they immediately think about a situation involving domestic violence. In reality, restraining orders are a tool that can be, and should be, used by individuals as well as businesses. California’s Code of Civil Procedure section 527.8 addresses this exact issue.

“(a) Any employer, whose employee has suffered unlawful violence or a credible threat of violence from any individual, that can reasonably be construed to be carried out or to have been carried out at the workplace, may seek a temporary restraining order and an order after hearing on behalf of the employee and, at the discretion of the court, any number of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer.” (Code of Civil Procedure section 527.8(a).)

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Navigating California's Travel Time Laws

Ron Stormoen

We are frequently contacted by employers with questions regarding various employment issues.  The following are some questions we have received regarding travel time, together with some responses. Realize that many employment issues are fact specific.  The following questions and answers are not intended to be comprehensive but to give the reader some ways to think about the issues and some citations for further research.  We strongly recommend that you consult with legal counsel about your specific situation. 

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No-Hire and Non-Interference Contract Provisions

Ron Stormoen


Can a company prevent one of its current clients from hiring away the company's employees?

Short Answer

Possibly. Generally, the company, as an employer, cannot restrict the movement of its employees. However, some California Courts seem to suggest that a narrowly defined contract provision between a company and its client may give the company the ability to prohibit “employee raiding,” or at least make it expensive for a client to steal an employee, which might be a hiring disincentive.


Under common law, contractual restraints on the practice of a profession, business, or trade were once considered valid as long as they were reasonably imposed. In 1872, however, California adopted a public policy that promoted open competition, thus rejecting the common law rule of reasonableness. This public policy is manifested in California Business and Professions Code Section 16600, which states:

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Employer's Duty Regarding Breaks

Ron Stormoen


Our small and medium size business clients often have questions relating to their employment practices. When relevant California or Federal laws change or are clarified, we want our clients to be informed.

A recent California case brought some clarity in the areas of meal and rest periods. (Brinker Restaurant Corp. v. Superior Court L 1216356, 14 -24 (Cal., 2012).


1. Bona fide relief from duty and the relinquishing of control satisfies the employer's meal break obligations, and work by a relieved employee during a meal break does not thereby place the employer in violation of its obligations and create liability for premium pay under applicable law. In other words, the employer is not obligated to police meal breaks and ensure no work thereafter is performed. Of course, an employer may not undermine a formal policy of providing meal breaks by pressuring employees to perform their duties in ways that omit breaks.

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