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777 Marshall St., Redwood City, CA 94063

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Wayne Perry v. U.S. Bank, 2001 WL 34920473 (N.D. Cal. 2001)

Represented national bank in putative wage-hour class action, involving alleged misclassification of employees under the administrative exemption; defeated plaintiffs' motion for class certification.

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U.S. v. Raimund Wersching (2005) U.S. District Court San Francisco

Dismissal of five felony financial fraud charges against former SF 49ers placekicker.

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Stephen Simmons v. PCR Technology, 209 F. Supp. 2d 1029 (C.D. Cal. 2002)

Represented employer in race discrimination action; removal to federal court based on diversity of citizenship and amount in controversy upheld.

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Garden Leave as Involuntary Servitude?
May 23rd, 2013
After presenting a background of garden leave provisions and the current status of California law, we are discussing challenges to garden leave clauses in part 3 of our four-part series. Declining to Enforce Garden Leave A United States District Court in Massachusetts declared that a 90-day garden leave provision amounted to “involuntary servitude” and declined… Read More »
California is Fertile Ground for Garden Leave Clauses
May 16th, 2013
In the second part of our series on garden leave provisions we are analyzing the current status of the law and how California is ripe for the acceptance of garden leave provisions. California Law California law prohibits the application of any post employment non-compete clauses. California Business & Professional Code § 16600 states that any… Read More »
Basic Garden Leave for California Employers
May 9th, 2013
California law prohibits employers from executing post employment non-compete or restrictive covenants with employees. This leaves many California businesses searching for ways to prevent its former employees from taking proprietary information and trade secrets acquired during their employment to the business’ competitors. This is the first of four articles exploring how “garden leave” clauses may… Read More »

Hartnett, Smith & Paetkau

777 Marshall St.

Redwood City, CA, 94063 USA

650.568.2820