It is common knowledge that employers have a vested interest in the confidentiality and discretion of their employees, especially in emerging or sensitive industries. ...more
10/15/2024
/ #MeToo ,
Confidentiality Agreements ,
Employer Liability Issues ,
Employment Contract ,
Intellectual Property Protection ,
New Legislation ,
Non-Disclosure Agreement ,
Popular ,
Proprietary Information ,
Sexual Assault ,
Sexual Harassment ,
Trade Secrets
The Federal Trade Commission (“FTC”) just approved a rule that would largely prohibit making or enforcing employee noncompete agreements. The U.S. Chamber of Commerce and others have already sued to block the new rule. What...more
As union organizing increases and covers industries not traditionally captured by unions, the landscape for employers is changing rapidly. Below are the key items employers (both union and non-union) should keep in mind for...more
Employees must be paid for time spent on their employer’s premises waiting for, and undergoing, required searches of bags and other property voluntarily brought to work, according to the California Supreme Court’s ruling...more
On October 11, 2019, Governor Gavin Newsom signed into law AB 51, which will drastically change the requirements for employers who use arbitration agreements. Specifically, the new law bans employers from requiring, as a...more
10/17/2019
/ Arbitration ,
Arbitration Agreements ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
FEHA ,
Governor Newsom ,
Hiring & Firing ,
Mandatory Arbitration ,
State Labor Laws
On September 18, 2019, Governor Gavin Newsom signed into law Assembly Bill 5, which clarifies when workers should be considered “employees” under the California Labor Code and the California Unemployment Insurance Code,...more
10/9/2019
/ ABC Test ,
Affordable Care Act ,
Dynamex ,
Employee Benefits ,
Employer Liability Issues ,
Freelance Workers ,
Governor Newsom ,
Health Insurance ,
Independent Contractors ,
Misclassification ,
New Legislation ,
Payroll Taxes ,
Private Attorneys General Act (PAGA) ,
Staffing Agencies ,
State Labor Laws ,
Wage and Hour ,
Withholding Tax
On September 18, 2019, Governor Gavin Newsom signed into law Assembly Bill 5, which clarifies when workers should be considered “employees” under the California Labor Code and the California Unemployment Insurance Code,...more
9/24/2019
/ ABC Test ,
Corporate Counsel ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Governor Newsom ,
Independent Contractors ,
Labor Code ,
Misclassification ,
New Legislation ,
State Labor Laws ,
Wage and Hour
When it comes to marijuana, the legal landscape is changing rapidly. Ten states, including California, have legalized recreational use. In more than twenty other states, some form of medical marijuana is legal....more
In July of 2018, Dorsey updated you on the California Supreme Court’s ruling in Troester v. Starbucks Corp., where the Court rejected the federal minimis doctrine, which exempts employers from compensating employees for short...more
In his last bill signing of his final term, Governor Jerry Brown signed into law several bills affecting employers’ obligations relating to sexual harassment. Those imposing the most sweeping changes are described briefly...more
The California Supreme Court recently confirmed that employers seeking background reports need to ensure they are in compliance with both the Investigative Consumer Reporting Agencies Act (ICRAA) and the Consumer Credit...more
In a long-awaited decision, the California Supreme Court rejected the federal de minimis doctrine, making clear that in any instance in which employees perform “minutes of work,” before or after their shifts, that time must...more
7/31/2018
/ CA Supreme Court ,
De Minimis Claims ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Federal v State Law Application ,
Labor Code ,
Labor Law Violations ,
Starbucks ,
State Labor Laws ,
Timekeeping ,
Unpaid Wages ,
Wage and Hour
It’s a situation any Human Resources professional might find themselves in – circumstances require you to effectuate a termination in short order and you have to scramble to calculate the employees’ correct final pay and...more