Wednesday, January 16th, 2008...9:35 am
Privacy of Employee Contact Information; Extension of Non-Compete Period
Privacy of employee contact information: In a wage and hour action, a California appellate court has held that the employer must release residential address and telephone information for fellow employees. The court rejected the employer’s proposal (adopted by the trial court) that each employee must first authorize the release of such information. In the absence of any history of discovery abuse by plaintiffs or their counsel, plaintiffs’ discovery rights prevail over the privacy interests of the non-party employees. The appellate court did authorize trial courts to restrain plaintiffs from disseminating the residential information. Puerto v. Superior Court of Los Angeles County, No. B199631 (Cal. Ct.App. 2d Dist. Jan. 15, 2008). H/T: California Wage and Hour Law Weblog.
Extension of non-compete period: When the employer has recovered damages for breach of a non-compete provision (or failed to show that the employee caused any damages), it may not also obtain an extension of the period of non-competition. See Allan Block Corp. v. County Materials Corp., 2008 WL 114885 (7th Cir. Jan. 14, 2008)(non-employment matter).
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