On September 8, 2023, the California Court of Appeal, in a case entitled Doe v. Superior Court of San Francisco (No. A167105)  issued another decision constraining an employer’s ability to enforce binding arbitration agreements against employees. The decision compliments a July 2023 Court of Appeal opinion, Cvejic v. Skyview Capital, LLC (2023) 92 Cal.App.5th 1073. […]

Both locally and nationally, a growing trend continues that disfavors confidentiality, nondisclosure, and nondisparagement provisions in settlement agreements and releases – even if such terms are part of a bargained-for-exchange between the parties.  On February 21, 2023, the National Labor Relations Board issued a decision in McLaren Macomb in which it found certain nondisparagement and […]

While the world of trademark law and NFTs (non-fungible tokens) is still in its infancy stage, some clarity can be gleaned from a recent federal ruling in New York. For those of you who do not know, NFTs are a unique digital identifier that can be used to certify authenticity and ownership, as well as […]

In light of recently enacted legislation, it is now never too early for common interest developments (planned unit developments, condominium complexes, stock cooperatives, and community apartment projects; collectively, “CIDs”) to plan for the next election of their respective directors. We previously wrote to you about Civil Code Section 5103 when it became effective on January […]

On September 27, 2022, Governor Newsom signed SB 1162. The new law, which became effective January 1, 2023, has broad new requirements for all California employers regarding the tracking and retention of employee pay information.  Additional, more onerous requirements are detailed for employers depending on their number of employees, as outlined below. Requirements for All […]

California has once again passed several new employment laws that became effective January 1, 2023.  In this survey article, we highlight (1) state minimum wage increases, (2) the new “designated person” addition under California paid sick leave and the California Family Rights Act (CFRA), and (3) expanded bereavement leave.  California’s new pay transparency law, also […]

In 2004, California enacted the Private Attorney General Act (“PAGA”), a law that allows private individuals to bring enforcement actions on behalf of California’s Labor Workforce Development Agency (“LWDA”).  Since its enactment, the law has been used to curb violations of the California Labor Code while simultaneously serving as a boon to many plaintiff-side employment […]

We are well into the second half of 2022.  With 2023 just around the corner, we write this as a friendly reminder of the annual disclosure requirements under the Davis-Stirling Common Interest Development Act (the “Act”). As you may know, the Act requires common interest developments (“CIDs”) to prepare and distribute certain disclosures annually.  If […]

The new year always bring a host of new laws. In this survey article, we highlight (1) state minimum wage increases, (2) legislative updates impacting equal employment opportunity laws, (3) COVID-19-related laws, and (4) the CalSavers Retirement Savings Program. State Minimum Wage Increase: Effective January 1, 2022, California’s minimum wage increases to $14 per hour […]

Governor Newsom signed a number of bills into law during the last calendar year that affect common interest developments (“CIDs”), such as homeowners associations and stock cooperative corporations.  The topics range from election by acclamation to rental restrictions to urban lot splits. Below is a summary of the three new laws in which we believe […]