Semprini v. Wedbush Securities., Inc., 57 Cal. App. 5th 246 (2020)
Summary:
A compensation plan based solely on commissions, with recoverable advances on future commissions, does not qualify as “salary” for purposes of administrative exemption under California law.
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Brown v. TGS Management Co., 57 Cal. App. 5th 303 (2020)
Summary:
Broad confidentiality provisions in an employment agreement that effectively prevent an employee from practicing his profession in perpetuity constitute a de facto noncompete agreement in violation of California Business and Professions Code section 16600.
Facts: Plaintiff Richard Hale Brown, a former employee of Defendant TGS Management Company, a securities trading firm, challenged in arbitration the validity of numerous provisions in his employment agreement restricting his right to compete with Defendant. These provisions included a two-year ban on “Directly Competitive Activity” and requirements that Pla