News & Analysis as of

California Employment Contract

Fox Rothschild LLP

A Simple Payment Error is not a Waiver of the Right to Arbitrate

Fox Rothschild LLP on

I have some good news for California employers seeking to enforce arbitration agreements. The California Supreme Court just held that non-payment of arbitration fees does not automatically waive the right to arbitrate....more

CDF Labor Law LLP

CA Supreme Court Offers Relief to Employers For Unintentional Arbitration Fee Delays

CDF Labor Law LLP on

Background: The Thirty-Day Arbitration Fee Rule - In 2019, the California legislature amended the California Arbitration Act (CAA) to require the party who drafts an arbitration agreement to pay all required arbitration...more

Fennemore

Federal and California’s Shared Interest in Promoting Open Competition: Isn’t it Ironic?

Fennemore on

This article provides a brief history of California’s pro-competition law and describes the stalled federal initiative to extend a similar noncompete ban nationally, notwithstanding the overlapping policy interests expressed...more

Littler

The (Less-Than-Golden) State of Confidentiality Provisions in California

Littler on

It is well known that California takes a dim view towards restrictive covenants in the workplace. Business & Professions Code Section 16600 prohibits employee non-compete agreements, stating that “every contract by which...more

CDF Labor Law LLP

Unconscionable Employment Terms In Onboarding Documents Can Void Arbitration Agreements

CDF Labor Law LLP on

On June 13, 2025, a California Court of Appeal struck down an arbitration agreement because of unconscionable terms entered by the parties in a separate employment agreement, governing different dispute resolution fora and...more

Jenner & Block

Client Alert: Employers Beware: Employees Are Seeking Damages for Unenforceable Noncompetes

Jenner & Block on

We have seen a rise in employees going on the offensive and suing their former employers for damages for not informing them that their noncompete is invalid under the applicable state law or for exaggerating the scope of a...more

Proskauer - California Employment Law

Employer Victory in Motion to Compel Arbitration

On May 19, 2025, Proskauer attorneys successfully compelled to arbitration an employment discrimination lawsuit that had been filed in the Los Angeles Superior Court. While the former employee claimed that she never signed...more

Fox Rothschild LLP

When Work Becomes a Family Affair

Fox Rothschild LLP on

At first, it sounds like a dream: hiring your cousin to help with marketing, bringing your sister on as a partner, or giving your son-in-law a “small stake” in the business. It feels easy, natural, and trust-based. But...more

Littler

ALJ Backs Hospital’s Right to Delay Returning Strikers to Work

Littler on

An NLRB administrative law judge recently confirmed that a California hospital system had the right to keep replacement workers on the job for the duration of its contractual commitment to a staffing agency even though...more

Offit Kurman

Key Trends in PAGA Arbitration Decisions: Insights for Employers and Legal Counsel

Offit Kurman on

The proliferation of wage and hour litigation in California and recent significant changes to the law have created uncertainty for employers and their lawyers alike. Both recent PAGA (Private Attorneys General Act of 2004)...more

Proskauer - California Employment Law

For At Least One Employer, Reliance on an Outdated Arbitration Agreement Proved to be a Losing Gamble

As we have reported time and again, California courts have applied extra scrutiny to employee arbitration agreements in recent years, and have not hesitated to deny arbitration where there is a reasonable basis for doing so. ...more

Jackson Lewis P.C.

What California Employers Should Consider When Buying or Selling a Business

Jackson Lewis P.C. on

The purchase or sale of a business in California involves intricate legal considerations, particularly regarding the rights of and responsibilities to employees. Both the buyer and seller need to consider employment...more

Jackson Lewis P.C.

The Basics on Paydays and Pay Periods for Employers in California

Jackson Lewis P.C. on

As an employer in California, it’s necessary to understand and comply with the state’s payday laws. California law mandates that employers establish regular paydays and notify employees of these dates. A model notice is...more

Morrison & Foerster LLP

Non-Compete Round Up- FTC, NLRB, California and Delaware

As we approach the end of the first quarter in 2025, we have seen notable developments in non-compete law over the last 12 months. As the new administration decides what to do with non-competes at the federal level, state...more

Vorys, Sater, Seymour and Pease LLP

California Court Creates Appellate Split On ‘Headless’ PAGA Claims

A recent decision from the California Court of Appeal for the Fourth Appellate District has created a split on whether employees can bring “headless” Private Attorneys General Act (PAGA) claims.  “Headless” PAGA refers to the...more

CDF Labor Law LLP

Employer Not Required to Initiate Arbitration Following Court-Ordered Arbitration

CDF Labor Law LLP on

The California Court of Appeal, Second Appellate District recently issued a clarifying decision in Michelle Arzate, et al. v. ACE American Insurance Company, addressing which party is responsible for initiating arbitration...more

Ervin Cohen & Jessup LLP

Arbitration Fee Payment Statute Does Not Apply To Post-Dispute Arbitration Agreements

There is no greater threat to an employment arbitration than Code of Civil Procedure section 1281.98, which mandates that the party who drafted the arbitration agreement pay the fees and costs of the arbitration within 30...more

Sheppard Mullin Richter & Hampton LLP

Choice-of-Law Provisions Cannot Circumvent Ending Forced Arbitration Act, Court of Appeal Rules

On February 3, 2025, the California First District Court of Appeal held that a party to an arbitration agreement cannot rely on a choice-of-law provision to wire around the federal Ending Forced Arbitration of Sexual Assault...more

Seyfarth Shaw LLP

Plaintiffs Are Responsible for Commencing Court-Ordered Arbitration

Seyfarth Shaw LLP on

The California Court of Appeal held that after the employer-defendant successfully moved to compel arbitration of the plaintiffs’ employment-related claims, the employer-defendant did not waive its right to arbitration by...more

Fox Rothschild LLP

A Primer on How to Deal with A.B. 1228 and the Fast Food Council’s Impact on Minimum Wage in the Golden State

Fox Rothschild LLP on

A.B. 1228 is a controversial law in California that went into effect on September 28, 2023, which we initially covered, and does two main things. First, it increased the minimum wage for employees of a “National Fast Food...more

Mintz

Mintz on Air: Practical Policies - Non-Competes: Are They Still a Thing?

Mintz on

In the latest episode of the Mintz on Air: Practical Policies Podcast, Member Jen Rubin hosts a conversation on the status and enforceability of non-compete agreements. This episode is part of a series of conversations...more

Proskauer - California Employment Law

Does an Arbitration Agreement Require the Employer’s Signature?  Read the Fine Print

The California Court of Appeal recently reminded employers in an unpublished (but nonetheless chastening) opinion of the importance of carefully drafting arbitration agreements. In Pich v. LaserAway, LLC et al, the court...more

Proskauer - California Employment Law

Another Arbitration Agreement Bites the Dust!

The California Court of Appeal dealt another blow to arbitration, just months after we reported the last such decision here. This time, the Court ruled that the federal Ending Forced Arbitration of Sexual Assault and...more

Seward & Kissel LLP

Employment Litigation Roundup: January 2025

Seward & Kissel LLP on

Seventh Circuit upholds forfeiture-for-competition provision in restricted stock unit agreement - A Seventh Circuit panel, in LKQ Corporation v. Rutledge, held that an employer could enforce a “forfeiture-for-competition”...more

Saul Ewing LLP

New 2025 California Employment Laws: Part I

Saul Ewing LLP on

Welcome to our blog series about new California employment laws affecting a wide range of businesses and employers. California already presents one of the most difficult legal landscapes for employers, and with several new...more

127 Results
 / 
View per page
Page: of 6

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide