For decades, California has taken arguably the most pro-employee-mobility position on noncompetition and non-solicitation agreements in the country – generally, post-employment noncompetition and non-solicitation agreements...more
10/5/2023
/ Business & Professions Code ,
CA Supreme Court ,
Contract Terms ,
Cross-Border ,
Employer Liability Issues ,
Employment Contract ,
Non-Compete Agreements ,
Public Policy ,
Restraint of Trade ,
Restrictive Covenants ,
State Labor Laws ,
Unenforceable Contract Terms
The National Labor Relations Board (NLRB or Board) on Feb. 21, 2023, issued the McLaren Macomb decision (372 NLRB No. 580) significantly restricting an employer's right to proffer to employees severance agreements that...more
4/6/2023
/ Confidentiality Agreements ,
Contract Terms ,
Employer Liability Issues ,
Guidance Update ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Non-Disparagement Provisions ,
Retroactive Application ,
Section 7 ,
Severance Agreements ,
Unfair Labor Practices
The California Supreme Court on July 15, 2021, finally and conclusively resolved a long-unsettled question of California wage and hour law, likely to the detriment of most California employers. In Ferra v. Loews Hollywood...more
7/19/2021
/ CA Supreme Court ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Labor Law Violations ,
Rate of Pay ,
Rest and Meal Break ,
Retroactive Application ,
State Labor Laws ,
Unpaid Overtime ,
Wage and Hour ,
Wage Orders
The California Supreme Court in Vazquez v. Jan-Pro Franchising International, Inc. ruled on Jan. 14, 2021, that its decision in Dynamex Operations West, Inc. v. Superior Court 4 Cal. 5th 903 (2018) (Dynamex), applies...more
1/19/2021
/ ABC Test ,
Borello Test ,
CA Supreme Court ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
Retroactive Application ,
State Labor Laws ,
Wage and Hour
California Gov. Gavin Newsom signed Assembly Bill (AB) 5 into law on Sept. 18, 2019, codifying the strict "ABC" test for employee versus independent contractor classification adopted by the California Supreme Court in Dynamex...more
11/6/2019
/ ABC Test ,
Borello Test ,
Department of Industrial Relations ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Exemptions ,
Gig Economy ,
Governor Newsom ,
Independent Contractors ,
Misclassification ,
New Legislation ,
Right to Control ,
State Labor Laws ,
Unemployment Insurance ,
Wage and Hour
In ZB, N.A., and Zions Bancorporation v. Superior Court of San Diego County, No. S246711, __ Cal. 5th __, 2019 WL 4309684 (Cal. 2019) (ZB), the California Supreme Court held on Sept. 12, 2019, that California's Labor Code...more
A panel of the U.S. Court of Appeals for the Ninth Circuit issued its decision in Vazquez et al. v. Jan-Pro Franchising Int'l., Inc., No. 17-16096 (Jan-Pro) on May 2, 2019, holding that the recently adopted, three-pronged...more
5/6/2019
/ ABC Test ,
Appeals ,
Corporate Counsel ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
Retroactive Application ,
Summary Judgment ,
Wage and Hour ,
Wage Orders
• The California Legislature passed numerous labor and employment bills that become effective on Jan. 1, 2019
• California's minimum wages and exempt salary thresholds increase on Jan. 1, 2019
• These laws were among the...more
1/2/2019
/ Anti-Harassment Policies ,
Board of Directors ,
Breastfeeding ,
Civil Code ,
Corporate Counsel ,
Employee Rights ,
Employee Training ,
Employer Liability Issues ,
FEHA ,
Former Employee ,
Governor Brown ,
Hiring & Firing ,
Job Applicants ,
Lactation Accommodation ,
Minimum Wage ,
New Legislation ,
Privileged Communication ,
Right to Testify ,
Salary/Wage History ,
Settlement Agreements ,
Sex Discrimination ,
Sexual Harassment ,
State Labor Laws ,
Wage and Hour ,
Wage Statements ,
Woman Board Members
• Regulations issued on July 1, 2018, by California's Fair Employment and Housing Council (FEHC) expand the Fair Employment and Housing Act's (FEHA) protections against national origin discrimination.
• California employers...more
7/9/2018
/ Anti-Discrimination Policies ,
Anti-Retaliation Provisions ,
Citizenship Status Discrimination ,
EEO ,
Employer Liability Issues ,
Exceptions ,
FEHA ,
FEHC ,
Foreign Language ,
Hiring & Firing ,
Human Trafficking ,
Job Applicants ,
Minimum Wage ,
National Origin Discrimination ,
New Regulations ,
Offensive Language ,
Recruitment Policies ,
State Labor Laws ,
Wage and Hour