News & Analysis as of

Employer Liability Issues CA Supreme Court Employment Contract

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 Rose LLP

Future Not Looking Bright For California Employee Nonsolicits

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On Jan. 1, new legislation aimed at curbing the use of unenforceable noncompete agreements took effect in California. The new laws, which impose potentially harsh consequences on employers for requiring employees to sign...more

Faegre Drinker Biddle & Reath LLP

Are You Ready? Notice to Employees of Void CA Non-Competes Required by February 14, 2024

California law has for many years treated agreements that restrain one from engaging in a lawful profession, trade, or business as void and unenforceable, unless an exception applies. This applies to most non-compete and...more

Holland & Knight LLP

California's New Nationwide Focus on Noncompetition Agreements

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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

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - September 2019

This edition of Employment Flash looks at a series of recent NLRB decisions, many of which apply to all employers, not just those with unionized employees. We also discuss other U.S. federal and state labor and...more

Fisher Phillips

California Supreme Court Provides Valuable Blueprint For Your Arbitration Agreement Strategy

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The California Supreme Court recently handed down an intriguing decision which casts doubt on – and in some cases even condemns – some of the most common practices used by employers in both drafting and presenting arbitration...more

Littler

California Supreme Court Rules that the “Underpaid Wages” Component of Labor Code Section 558 is Not a Civil Penalty under PAGA

Littler on

In ZB, N.A. v. Superior Court of San Diego County (Lawson), the California Supreme Court held that unpaid wages are not civil penalties under California Labor Code section 558 and are therefore outside the reach of...more

Seyfarth Shaw LLP

PAGA Claims Limited to Recovery of Civil Penalties

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Seyfarth Synopsis: The California Supreme Court has held that an individual may not seek unpaid wages under Labor Code section 558. Section 558 can be invoked only by the Labor Commissioner or by an individual suing under...more

Mintz - Employment Viewpoints

California Supreme Court Delivers PAGA Win for Employers

In a significant victory for California employers who use arbitration agreements, the California Supreme Court ruled (ZB, N.A. et al. v. Superior Court of San Diego County, S246711 (September 12, 2019)) that the recovery of...more

Carlton Fields

California Employers Win Major Damage Limitation in Wage and Hour Suits

Carlton Fields on

California employers just won a major victory this week when the California Supreme Court issued its long-awaited decision in ZB, N.A. v. Superior Court. The exposure in Private Attorneys General Act (PAGA) cases was...more

Proskauer - California Employment Law

California Supreme Court Hands Employers A Rare Victory, Trims Bloated PAGA Claims

Yesterday September 12, 2019, the California Supreme Court held that private litigants may not recover unpaid wages under the Labor Code Private Attorneys General Act (“PAGA”).  See ZB, N.A. v. Superior Court (Lawson) (Cal....more

Stokes Wagner

California Supreme Court Limits Recovery for PAGA Claims

Stokes Wagner on

Are you familiar with PAGA? Do you have a PAGA claim for unpaid wages filed against you right now? If yes, this recent California Supreme Court case may apply to you. (ZB, N.A. v. Superior Court)....more

Hahn Loeser & Parks LLP

AMN Healthcare’s impact on the enforceability of non-solicitation provisions in California raises two new unanswered questions

California Employee mobility and the right to compete are sacrosanct in California, and have been since its Legislature enacted section 16600 of the California Business and Professions Code, which voids “every contract by...more

Seyfarth Shaw LLP

California Invalidates Wage Arbitration Agreement, Inviting U.S. Supreme Court Review

Seyfarth Shaw LLP on

Seyfarth Synopsis: The California Supreme Court invalidated an employment arbitration agreement on August 29, 2019. At issue in OTO, LLC v. Kho was an agreement to arbitrate employment claims, including wage claims. Under the...more

Fisher Phillips

Web Exclusive: August 2018: The Top 15 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

McGuireWoods LLP

California Court Foils Attempt to Avoid Prohibition on Pre-Dispute Jury Waivers

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While most states permit parties to waive the right to a jury trial by contract before a dispute arises, the California Supreme Court held over a decade ago that California is not one of them. Recently, a California court...more

Ballard Spahr LLP

Arbitrator, Not Court, Decides If Arbitration Agreement Allows Class Arbitration, California Supreme Court Rules

Ballard Spahr LLP on

A divided California Supreme Court has held that an arbitrator, rather than a court, should determine whether an arbitration clause in an employment agreement allows employees to bring their claims in arbitration on a...more

Weintraub Tobin

Hidden Pitfalls of Old Non-Compete Provisions

Weintraub Tobin on

Companies and employers around the country seek to protect their intellectual property by, among other things, using non-compete provisions in employment agreements. Generally, these provisions are intended to prevent an...more

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