In our last issue of Perspectives, we summarized recent non-compete-related legislation in a California employer alert entitled “New Prohibitions and Penalties Concerning Noncompetition Clauses.” However, many employers continue to have questions about the practical takeaways regarding this legislation. So, here is a refresher summary focusing on the most impactful takeaways. Effective January 1, 2024, California […]
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Category Archives: Labor and Employment
March 11, 2024 Final Rule: Employee or Independent Contractor Classification Under the FLSA:
On January 9, 2024, the U.S. Department of Labor released the details of a long-awaited “final rule” addressing when employers can classify workers as independent contractors under federal labor law. Our overall assessment of the FLSA “final rule” (effective March 11, 2024) (the “2024 Rule”) is that it will not materially impact independent contractor misclassification […]
Read More >California Employer Alert:
Effective July 1, 2024, Senate Bill 553 (signed by Governor Newsom on September 30, 2023 and codified at California Labor Code Section 6401.9), California employers (with very few exceptions) must (1) establish, implement, and maintain an effective written workplace violence prevention policy / plan that includes specified information, training, and recordkeeping requirements and (2) provide […]
Read More >California Alert: New Prohibitions and Penalties Concerning Noncompetition Clauses
Effective January 1, 2024, California Business & Professions Code Section 16600.5 (via Senate Bill 699) was added to prohibit an employer from entering into or attempting to enforce a noncompete agreement regardless of whether the contract was signed outside of California. Please note that nonsolicitation of clients and customers clauses have frequently been used by […]
Read More >Employment Law Case Alerts:
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. […]
Read More >Nondisparagement and Confidentiality Provisions in Employee Severance Agreements
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 […]
Read More >SB 1162 – California’s New Pay Transparency Law
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 […]
Read More >2023 Employment Law Updates
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 […]
Read More >Viking River Cruises, Inc. v. Moriana – A win for California employers, but for how long?
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 […]
Read More >California Employer Alert: Ninth Circuit upholds California’s 2020 Law Barring Employers from Requiring Employees to Agree to Binding Arbitration as a Condition of Employment
California is generally known as one of the more employee-friendly jurisdictions, and some commentators have opined that mandatory arbitration is at odds with California’s worker-protection public policy. In fact, two race discrimination lawsuits filed by former employees against Tesla, Inc., with largely similar facts of colleagues/supervisors using racial slurs against the plaintiffs and other Black […]
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