News & Analysis as of

Hiring & Firing Restrictive Covenants California

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
CDF Labor Law LLP

A No-Go for Employees’ Anti-Trust Claims Based on High-End No-Hire Agreements

CDF Labor Law LLP on

Recently, the United States Court of Appeals for the Second Circuit upheld the dismissal of a class action against defendants Saks Inc., Gucci, Prada, Loro Piana, Brunello Cucinelli and other luxury good manufacturers....more

Fisher Phillips

One Year of California’s New Non-Compete Law: 5 Tips for All Employers to Stay Compliant

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California is well-known for prohibiting most non-compete agreements in the employment context, but the state took things to the next level a year ago. On January 1, 2024, California introduced a new statute that makes...more

Payne & Fears

[Webinar] New CA Employment Laws 2025: Are You Prepared? - December 4th, 11:30 am - 12:30 pm PT

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Join us for a lively discussion of critical year-end updates for California employers. We will address new legislation and key case rulings. Topics include: - Key bills relating to freelance workers, “captive audience”...more

CDF Labor Law LLP

[Webinar] The Californication of Non-Compete Laws – Recent Changes That Impact All Employers Across The United States - June 26th,...

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Join us for an informative webinar on the latest developments in the non-compete agreement arena with two members of CDF’s Unfair Competition & Trade Secret Practice Group: Dan M. Forman, Chair, and Ashley A. Halberda who...more

Stokes Wagner

Employers Must Notify California Employees of Void Non-Competes

Stokes Wagner on

California is not spreading the love to employers this Valentine’s Day. Employers’ deadline to give their California employees a notice that any non-compete agreements are void was February 14, 2024. Employers who fail to...more

Akerman LLP - HR Defense

Non-Compete Clarity: California Employers Must Provide Notice of Non-Competes to Employees By February 14, 2024

New California laws intended to strengthen the state’s long-standing ban on non-competition agreements are set to create immediate headaches for employers in the state that have, or plan to, impose non-compete or non-solicit...more

Wilson Sonsini Goodrich & Rosati

California Extends Prohibition on Noncompete Agreements

California law famously bans employee noncompetition agreements, under a statute enacted in 1872. As of January 1, 2024, new amendments to this age-old statute provide clarity about what is—and is not—enforceable....more

Allen Matkins

This Year Some Employees Will Be Receiving More Than A Valentine's Day Card

Allen Matkins on

Last year, the California legislature enacted AB 1075 (Bauer-Kahan) which declares it to be unlawful "to include a noncompete clause in an employment contract, or to require an employee to enter a noncompete agreement, that...more

Quarles & Brady LLP

Employers Have New Obligations Under Statute Regulating Noncompete Agreements

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As discussed in a prior alert, newly-enacted California laws governing noncompete agreements require employer action by February 14, 2024. This alert explains the purpose of the new laws, what the notification requirement...more

Stradling Yocca Carlson & Rauth

On The Horizon: Notices Regarding Void Non-Compete Agreements Must Go Out By February 14th

Effective January 1, 2024, California made several adjustments to its non-competition laws to strengthen its general prohibition on such agreements.  Those adjustments included: making non-competition agreements unenforceable...more

PilieroMazza PLLC

February 14 Deadline: Employers Must Inform Current and Former Employees of Void California Non-Competes or Face Unfair...

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Companies with California employees who are subject to non-competes have a fast-approaching deadline of February 14, 2024, to notify those individuals that these agreements are void or risk legal liability under a new...more

Weintraub Tobin

(Podcast) California Employment News: Enforceability of Non-Compete Agreements

Weintraub Tobin on

New legislation coming into effect in 2024 could have CA employers facing greater risks when it comes to using and enforcing non-compete agreements. Ryan Abernethy and Nikki Mahmoudi discuss the enforceability of non-compete...more

Weintraub Tobin

California Employment News: Enforceability of Non-Compete Agreements

Weintraub Tobin on

New legislation coming into effect in 2024 could have CA employers facing greater risks when it comes to using and enforcing non-compete agreements. Ryan Abernethy and Nikki Mahmoudi discuss the enforceability of non-compete...more

Fisher Phillips

PEO Pointers: 2-Step Plan to Comply with Surprising New California Non-Compete Law

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Welcome to “PEO Pointers,” a regular series of quick-read alerts to keep PEOs and their client companies up to speed on the latest issues affecting the industry and what they can do to ensure compliance. Today’s topic: new...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Governor Newsom Signs Bill Reinforcing State’s Ban on Noncompete Agreements

On October 13, 2023, California Governor Gavin Newsom signed a bill into law that will reinforce the state’s ban on noncompete agreements in employment by making it unlawful for employers to mandate that employees sign...more

Seyfarth Shaw LLP

Golden State Crackdown on Non-Competes: California Enacts Second Non-Compete Law To Curtail Use of Non-Competes With Employees

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California has done it again! We reported last month concerning California’s new non-compete law that furthers the state’s protections for employee mobility and seeks to void out of state employee non-compete agreements....more

Fisher Phillips

4 Things Employers Need to Know About the New Noncompete Laws in California

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Everyone knows that noncompete agreements are generally unenforceable in California and there’s not much more to be said, right? California lawmakers think differently and thus have taken steps to equip employees with new...more

Allen Matkins

Will California's New Statute Invalidating Non-Compete Agreements Be Subject To Constitutional Challenge?

Allen Matkins on

Article I, Section 10 of the United States Constitution prohibits a state from passing any law impairing the obligation of contracts.  A similar prohibition is found in Article 1, Section 9 of the California Constitution. ...more

Allen Matkins

Newly Minted California Law Declares Void Noncompete Agreements Unenforceable Regardless Of Where They Were Signed

Allen Matkins on

Since at least 1941, California has declared, with certain limited exceptions, that every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void". ...more

Seyfarth Shaw LLP

New California Non-Compete Law Furthers the State’s Employee Mobility Protections and Seeks to Void Out of State Employee...

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On September 1, 2023, California Governor Gavin Newsom signed legislation that furthers the state’s protections for employee mobility and seeks to void out of state employee non-compete agreements. Specifically, the new law...more

CDF Labor Law LLP

New Golden State Law To Create Gold Rush Litigation Testing Non-Compete Agreements

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For over two decades, California law concluded non-compete agreements are not enforceable in the context of employment, Edwards v. Anderson, 44 Cal.4th 937 (2008) and even created a public policy claim against employers...more

Littler

California Reaches Across State Lines to Invalidate Employee Non-Compete Agreements

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We are in the final stretch of the California legislature’s first year of a two-year session. One bill that sped through the legislative process—without any registered opposition—is Senate Bill 699, which extends the state’s...more

Allen Matkins

California Asymmetrical Approach To Non-Competes

Allen Matkins on

One unintended consequence of California's voiding of many non-compete agreements is that it puts California employers at a disadvantage with respect to employee recruitment.  Employers in other states are free to hire away...more

Allen Matkins

Bill Would Authorize Disbarment Of Attorneys Who Enter Into Non-Competes With Their Employees

Allen Matkins on

California lawyers are well aware of this state disfavors covenants not to compete.  California Senator Kevin McCarty would like to increase the level of hostility by adding a provision to the Business & Professions Code...more

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