With the demise of the doctrine of Chevron deference at the U.S. Supreme Court in the Loper Bright Enterprises case, the future of the Federal Trade Commission’s broad rule banning noncompete agreements nationwide is...more
7/5/2024
/ Compensation & Benefits ,
Corporate Officers ,
Employees ,
Employer Responsibilities ,
Employment Contract ,
Federal Trade Commission (FTC) ,
FTC Act ,
Non-Compete Agreements ,
Notice Requirements ,
Restrictive Covenants ,
Securities Exchange Act ,
Unfair Competition
On June 18, Governor Gavin Newsom and legislative leaders announced an agreement with employers on reforms to the Private Attorneys General Act (PAGA), with corresponding legislation introduced on June 21. PAGA has been the...more
California’s Assembly Bill 5 (AB 5) doesn’t violate federal or state Equal Protection clauses, the en banc Ninth U.S. Circuit Court of Appeals has determined.
The dispute dates back to 2019, when the state legislature...more
When is an employer’s violation of providing employees with wage statements knowing and intentional, triggering financial penalties?
Taking its second look at the case, the California Supreme Court ruled that an...more
6/28/2024
/ CA Supreme Court ,
California ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Litigation ,
Good Faith ,
Labor Code ,
Labor Law Violations ,
Rest and Meal Break ,
State Labor Laws ,
Wage and Hour ,
Wage Statements
The FAA preempts California’s Code of Civil Procedure section 1281.97, which requires employers to pay arbitration fees within 30 days of the due date or return the case to court, a state appellate panel has ruled....more
After the Equal Employment Opportunity Commission (EEOC) issued Enforcement Guidance on Harassment in the Workplace – its first in decades – it is facing state Attorney General opposition....more
6/27/2024
/ #MeToo ,
Anti-Harassment Policies ,
Civil Rights Act ,
Congressional Authority ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Labor Laws ,
Gender Discrimination ,
Harassment ,
Hostile Environment ,
LGBTQ ,
Risk Management ,
Separation of Powers ,
Sexual Harassment ,
Sexual Orientation Discrimination ,
Title VII
Taking a page from countries across the Atlantic, the California legislature is considering a bill that would give employees the “right to disconnect.”
...more
6/27/2024
/ California ,
Employee Privacy Rights ,
Employer Liability Issues ,
Employment Policies ,
Labor Reform ,
Off-Duty Employee Access ,
Off-Duty Employees ,
Proposed Legislation ,
Regulatory Agenda ,
Right to Disconnect ,
State Labor Laws ,
Wage and Hour
On Monday May 7, the California Supreme Court confirmed, in Naranjo v. Spectrum Securities Services, Inc., S279397.PDF (ca.gov), that penalties authorized under Labor Code Section 226 (“Section 226”) for “knowing and...more
5/8/2024
/ CA Supreme Court ,
Employer Liability Issues ,
Employment Litigation ,
Labor Code ,
Labor Law Violations ,
Penalties ,
Rest and Meal Break ,
State Labor Laws ,
Unpaid Wages ,
Wage and Hour ,
Wage Statements
On April 23, 2024, the Federal Trade Commission (FTC) voted to approve issuance of a Final Rule banning nearly all noncompete agreements nationwide. The Final Rule, a draft of which was released just one hour before it was...more
While you’re making reservations and buying flowers for Valentine’s Day, don’t forget to check your company’s confidentiality, non-solicitation and noncompete agreements for violations of California law....more
In a highly anticipated ruling, the California Supreme Court has held that employees may still have standing to sue for Labor Code violations in a representative capacity, even when their individual claims have been compelled...more
7/19/2023
/ Arbitration ,
Arbitration Agreements ,
Article III ,
CA Supreme Court ,
California ,
Employer Liability Issues ,
Employment Litigation ,
Labor Code ,
Labor Law Violations ,
Private Attorneys General Act (PAGA) ,
Standing ,
Viking River Cruises Inc v Moriana
This week, California’s Supreme Court heard oral argument in Adolph v. Uber Technologies Inc., No. S274671, a case in which the Court is poised to decide whether it will, in effect, overrule part of a recent U.S. Supreme...more
The sudden closure of a bank can create a host of ripple effects. It is important that employers stay alert and vigilant in managing their employment practices when faced with liquidity concerns that inevitably arise from...more
On the heels of the Federal Trade Commission’s (FTC) January 5, 2023 proposed rule banning noncompetes, Manatt’s antitrust and employment law attorneys will provide a comprehensive overview of the stepped-up efforts to tamp...more
1/24/2023
/ Best Practices ,
Continuing Legal Education ,
Criminal Liability ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
No-Poaching ,
Non-Compete Agreements ,
Proposed Rules ,
Restrictive Covenants ,
Webinars
Yesterday, the United States Supreme Court issued its long-awaited decision in Viking River Cruises, Inc. v. Moriana, Case No. 20-1573, regarding California’s ban on Private Attorney General Act (PAGA) representative waivers...more
6/16/2022
/ Arbitration ,
Arbitration Agreements ,
California ,
Class Action ,
Class Action Arbitration Waivers ,
Employment Litigation ,
Federal Arbitration Act ,
Federal v State Law Application ,
Iskanian v CLS Transportation ,
Labor Law Violations ,
Preemption ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
State Labor Laws ,
Viking River Cruises ,
Viking River Cruises Inc v Moriana
On Thursday, April 21, 2022, the Standards Board of the California Division of Occupational Safety and Health (Cal/OSHA) adopted streamlined COVID-19 Emergency Temporary Standard (ETS) regulations after several months of...more
4/26/2022
/ Cal-OSHA ,
California ,
CDPH ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Infectious Diseases ,
New Guidance ,
Occupational Exposure ,
Personal Protective Equipment ,
Public Health ,
Regulatory Requirements ,
Vaccinations ,
Workplace Safety
Health care is facing a tidal wave of change—from enforcement actions around CARES Act funding to employment issues in a post-COVID workplace to questions around telehealth coverage to controversies over gender identity...more
4/6/2022
/ Abortion ,
Arbitration ,
CARES Act ,
Centers for Medicare & Medicaid Services (CMS) ,
Continuing Legal Education ,
Coronavirus/COVID-19 ,
Employment Litigation ,
Enforcement Actions ,
Gender Identity ,
Health Care Providers ,
Health Insurance ,
Health Plan Sponsors ,
MCOs ,
Mental Health ,
Physicians ,
Pregnancy ,
Reasonable Accommodation ,
Remote Working ,
Surprise Medical Bills ,
Telehealth ,
Webinars
On January 25, 2022, OSHA announced its decision to withdraw the vaccination, testing and face covering emergency temporary standard (ETS) issued on November 5 and effective January 26. As Manatt reported, the ETS required...more
1/27/2022
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Yesterday the Supreme Court issued a stay of OSHA’s vaccinate-or-test emergency temporary standard (ETS), blocking the ETS from taking effect. While the Court issued a stay of the ETS, it allowed the vaccine mandate for...more
1/14/2022
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Healthcare Workers ,
Infectious Diseases ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Employers faced another challenging year in 2021, attempting to keep up with constantly changing regulations and laws addressing the continuing COVID-19 pandemic, while still facing traditional legal issues such as...more
1/6/2022
/ Biden Administration ,
Civil Rights Act ,
Class Action Arbitration Waivers ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Litigation ,
Independent Contractors ,
Infectious Diseases ,
Labor Reform ,
Labor Regulations ,
Sexual Orientation Discrimination ,
Title VII ,
Workplace Safety
On Thursday, December 16, 2021, the Standards Board of the California Division of Occupational Safety and Health (Cal/OSHA) voted to update and readopt rules it had previously put into effect to deal with the COVID-19...more
Late on Friday, December 17, 2021, the Court of Appeals for the Sixth Circuit ended the Fifth Circuit’s stay of OSHA’s COVID-19 vaccination and testing Emergency Temporary Standard (ETS), which applies to employers with 100+...more
12/21/2021
/ Biden Administration ,
Commerce Clause ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
Motion to Dissolve ,
Multidistrict Litigation ,
OSHA ,
Petition for Writ of Certiorari ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
In a major turn of events for California employers, on December 15, 2021, the U.S. Supreme Court granted certiorari in a case that challenges California’s ban on arbitration agreements that limit employees’ right to sue their...more
12/17/2021
/ Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Epic Systems Corp v Lewis ,
Federal Arbitration Act ,
Iskanian v CLS Transportation ,
Labor Regulations ,
Petition for Writ of Certiorari ,
Preemption ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
Wage and Hour
On Monday, December 13, 2021, Governor Gavin Newsom and the California Department of Public Health announced a renewed mask mandate for all indoor settings. The new mandate requires that face coverings be worn by all...more
12/16/2021
/ California ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Employer Responsibilities ,
Infectious Diseases ,
Masks ,
New Guidance ,
Personal Protective Equipment ,
Public Health Emergency ,
Vaccinations ,
Workplace Safety
As the number of discussions on returning to the office in a post-pandemic world increases, so does the number of questions about vaccine expectations. On November 4th, OSHA released the much anticipated Emergency Temporary...more
11/10/2021
/ Continuing Legal Education ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Exemptions ,
Federal v State Law Application ,
Health and Safety ,
OSHA ,
Preemption ,
Public Health ,
Vaccinations ,
Webinars ,
Workplace Safety