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Publications by Attorney Tyler Paetkau

  • Who Owns Ideas and Works of Authorship in the Employment and Independent Contractor Relationship Contexts? A Critical But Often Elusive Question
  • California's Statutory Exceptions to Restraints on Trade: Open Competition and Employee Mobility Give Way to Buyers and Sellers of Businesses, CA Labor & Employment Bulletin, January 2008
  • The Case for "Garden Leave" in California, CA Labor & Employment Bulletin, September 2009
  • 'Intel' Revisited, Law.com, August 2003
  • When Does a Foreign Law Compel a U.S. Employer to Discriminate Against U.S. Expatriates? A Modest Proposal for Reform, LawMemo, 2009
  • Enforceability of Non-Compete and Choice-of-Law Provisions in the Modern Employment Contract, CA Labor & Employment Bulletin, January 2005
  • California's "Reasonable Particularity" Requirement in Trade Secret Litigation, CA Labor & Employment Bulletin, July/August 2005
  • Shield and Sword: Recovery of Attorneys’ Fees in Trade Secret Misappropriation Litigation
  • "Quit-and-Sue Plaintiffs Face Tougher Road in Wake of California Supreme Court's Decision in Turner v. Anheuser-Busch," California Labor & Employment Law Quarterly (State Bar of California Labor and Employment Law Section), Summer 1995
  • "Defining the Nebulous 'Continuing Violations' Theory in Untimely Sexual Harassment Cases," California Labor & Employment Law Quarterly (State Bar of California Labor and Employment Law Section), Spring 1996
  • "Sex Talk or Sexual History and Conduct: Admission of Evidence of the Sexual Harassment Plaintiff's Own Contributions to Her Alleged 'Hostile and Abusive' Work Environment," California Employment Law Reporter (LexisNexis Matthew Bender), April 1996
  • "Don't Tell if They Ask: 'Responding' to Employment Reference Inquiries After Randi W.," California Employment Law Reporter (LexisNexis Matthew Bender), March 1997
  • "When Is a Successor Employer's Intention to Retain Its Predecessor's Unionized Workforce 'Perfectly Clear'?," California Labor & Employment Law Quarterly (State Bar of California Labor and Employment Law Section), Spring 1997
  • "The Demise of the McDonnell Douglas Burden-Shifting Jury Instructions in California," California Employment Law Reporter (LexisNexis Matthew Bender), August 1997
  • "California Should Adopt 'Primary Duty' Test Instead of 'Counting Time' Test for 'White Collar' Overtime Exemption," California Employment Law Reporter (LexisNexis Matthew Bender), February 1998
  • "An Early, Reasonable Settlement Offer May Help Prevent the Attorney's Fees 'Tail' From Wagging the Employment Litigation 'Dog,'" California Employment Law Reporter (LexisNexis Matthew Bender), December 1998
  • Legislative Update, California Labor & Employment Law Quarterly (State Bar of California Labor and Employment Law Section), Summer 1999
  • Legislative Update, California Labor & Employment Law Quarterly (State Bar of California Labor and Employment Law Section), Fall 1999
  • "Defining the 'Adverse Employment Action' Element of a Prima Facia Case of Retaliation," California Employment Law Reporter (LexisNexis Matthew Bender), March 2000
  • Legislative Update, California Labor & Employment Law Quarterly (State Bar of California Labor and Employment Law Section), Spring 2000
  • Co-Author, "2000 Legislative and Administrative Labor and Employment Law Updates," Sacramento, California Area Human Resource Association Newsletter, May 2000
  • "Protecting Trade Secrets in an Increasingly Mobile Work Force," Employers Group Newsletter, May/June 2000
  • "Protect Trade Secrets with Utmost Diligence," Silicon Valley/San Jose Business Journal, July 10, 2000
  • "The 'Continuing Violation' Doctrine Revisited: New Limits on a Knowing Plaintiff's Ability to Raise Ancient Claims Under the FEHA," California Labor & Employment Law Quarterly (State Bar of California Labor and Employment Law Section), Summer 2000
  • Legislative Update, California Labor & Employment Law Quarterly (State Bar of California Labor and Employment Law Section), Summer 2000
  • Co-Author, "Truth or Consequences: Falsity of Employer's Nondiscriminatory Explanation May Be Sufficient to Infer Unlawful Discrimination," California Employment Law Reporter (LexisNexis Matthew Bender), August 2000
  • "Time Off in California: State and Federal Laws on Employee Leave, Vacations and Holidays," Employment Law Memo (LawMemo.com) and Lorman Education Services, May 23, 2001
  • "Mt. Clemens Pottery'sRepresentative Testimony Rule Is Limited in Wage-Hour Class Actions to Hours Worked," California Employment Law Reporter (LexisNexis Matthew Bender), August 2001
  • "Emerging Employment Law Considerations as a Result of the September 11th Terrorist Attacks," California Employment Law Reporter (LexisNexis Matthew Bender), December 2001
  • "Speaker Beware: A Primer on Defamation in the Workplace," Employers Group Newsletter, January/February 2002
  • "Sav-On Will Stem the Tide of Wage-Hour Class Actions," California Employment Law Reporter (LexisNexis Matthew Bender), July 2002
  • "Employment Law Considerations Raised by Post-Enron, Sarbanes-Oxley Act of 2002," Employment Law Memo (LawMemo.com), August 2002
  • "Employment Law Considerations Raised by Post-Enron, Sarbanes-Oxley Act of 2002," California Labor & Employment Law Quarterly (State Bar of California Labor and Employment Law Section), November 2002
  • "California Court Rejects 'Inevitable Disclosure Doctrine,' But Acknowledges Availability of Injunctive Relief for the Almost Indistinguishable 'Threatened' Disclosure of Trade Secrets," California Employment Law Reporter (LexisNexis Matthew Bender), January 2003; republished at Findlaw Links, April 2003 (http://library.findlaw.com/2003/Mar/18/132641.html )
  • Co-Author, "A California Court of Appeal Holds that 'Whistleblowers' Must First Exhaust Their Employers' Internal Complaint-Resolution Procedures Before Filing Suit," California Employment Law Reporter (LexisNexis Matthew Bender), June 2003
  • "Top 10 Nettlesome Employment Law Issues: Address Them Now to Limit Your Company's Exposure and Curb Litigation Expenses," San Francisco Bay Area Chapter of the American Corporate Counsel Association, Focus Newsletter, Third Quarter 2003
  • Co-Author, "Intel Revisited: Decision is Not So Dire," The National Law Journal, August 11, 2003
  • "It's Getting Hot in Here: Significant Labor and Employment Law Developments in 2003," California Employment Law Magazine (The Recorder), Winter 2003
  • Co-Author, "California Deals with ID Theft: The Promise and The Problems," Business Law Today (American Bar Association), May/June 2004
  • Co-Author, "NLRB Developments," California Labor & Employment Law Quarterly (State Bar of California Labor and Employment Law Section  ), August 2004
  • "User Beware: Legality and Risks of Non-Solicitation of Customers Provision in Employment Contracts Under California Law," California Labor & Employment Bulletin (LexisNexisMatthew Bender), September 2004
  • "Enforceability of Non-Compete and Choice-of-Law Provisions in the Modern Employment Contract," Bender's California Labor and Employment Law Bulletin (LexisNexis Matthew Bender), January 2005
  • Co-author, "Thoughtful Internal Complaint Resolution Policies Are Now More Important Than Ever ," American Bar Association, Section of Business Law, Committee on Corporate Counsel, eNewsletter , Spring 2005
  • "California's 'Reasonable Particularity' Requirement in Trade Secret Litigation," Bender's California Labor and Employment Law Bulletin, (LexisNexis Matthew Bender), July/August 2005
  • Co-Author, "Employment Law Class Actions: The Latest Developments and Trends," State Bar of California Labor and Employment Law Review (State Bar of California Labor and Employment Law Section), July 2005
  • Co-author, "Conducting Self-Audits Without Creating a Roadmap for Plaintiffs' Attorneys: A Delicate Balancing Act," American Bar Association, Section of Business Law, Committee on Corporate Counsel, eNewsletter , Spring 2006
  • "Religious Discrimination and Reasonable Accommodation Issues in the Workplace," Practising Law Institute/Corpedia Compliance and Ethics Officer Bulletin, March 2006
  • Co-author, "Employee Electronic Signatures: Can Employment Law Keep Up With Technology, and Will Employers Keep Up With the Law?," California Labor and Employment Bulletin 261 (LexisNexis Mathew Bender), July 2006
  • Co-author, "Employment Arbitration Agreements Containing Restrictive Covenants and Choice of Law Provisions: Enforceability under California Law," California Labor and Employment Law Bulletin 435 (LexisNexisMatthew Bender), December 2006
  • "The Promises and Pitfalls of Workplace Communications," Part 1, Continuing Education of the Bar, California, Vol. 21, No. 4, p. 101, Fall 2006
  • "The Promises and Pitfalls of Workplace Communications," Part 2, Continuing Education of the Bar, California, Vol. 22, No. 1, p. 19, Winter 2007
  • "Labels Versus Reality: When Is A Partner Really An Employee," State Bar of California Labor & Employment Law Review (State Bar of California Labor and Employment Law Section), May 2007
  • "California Court Refuses to Enforce Broad No-Hire Contract Provision, But Recognizes Potential Enforceability of More Narrowly Drawn No-Hire Provisions," California Labor & Employment Bulletin 217 (LexisNexisMatthew Bender), August 2007
  • Co-author, "Update on Validity of Electronic Communications and Employee Electronic Signatures: Not A Disfavored Method Of Obtaining Employee Consent (Yet)," LexisNexis Expert Commentaries Column in Research Solutions , p. 1, December 2007
  • Co-author, "California's Statutory Exceptions To Restraints On Trade: Open Competition And Employee Mobility Give Way To Buyers and Sellers Of Businesses," Bender's California Labor & Employment Bulletin 17, January 2008
  • "California Supreme Court Endorses Lump Sum, Increased Compensation Method of Reimbursement; Compliance Suggestions," California Wage & Hour Advisor 1, January 2008
  • Co-author, "Shield and Sword: Recovery of Attorneys' Fees in Trade Secret Misappropriation Litigation," Bender's California Labor & Employment Bulletin 352, September 2008
  • Co-author, Switzerland Chapter, International Labor & Employment Laws , Third Edition, Vol. IIA (ABA BNA 2008)
  • Contributing editor, American Bar Association/BNA treatises, including Developing Labor Law, Summary of Cases Under the Equal Pay Act, Family and Medical Leave Act, and International Labor and Employment Laws
  • "When Can an Employer Conclude That a Disabled Employee On an Indefinite Leave of Absence Cannot Perform The Jobs Essential Functions? A Cautionary Tale," California Labor & Employment Law Review (State Bar of California Labor and Employment Law Section), March 2009
  • "When Does a Foreign Law Compel a U.S. Employer to Discriminate Against U.S. Expatriates?: A Modest Proposal for Reform," lawmemo.com, URL to the article: http://www.lawmemo.com/articles/foreignlaw.htm , March 2009
  • Hiring and Firing (Entrepreneur Press 2007)