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 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
• In a decision favorable to tribal sovereignty, the U.S. Court of Appeals for the Ninth Circuit affirmed that the tribal court of the Cedarville Rancheria of Northern Paiute Indians (the Tribe) had jurisdiction over claims...more
• 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
New regulations under the California Fair Employment and Housing Act (FEHA) take effect on July 1, 2017, which relate to an employer's consideration of California applicant/employee criminal histories when making employment...more
6/30/2017
/ Adverse Impact ,
Ban the Box ,
Burden of Proof ,
Burden-Shifting ,
Consideration ,
Criminal Background Checks ,
Criminal Records ,
Employer Liability Issues ,
Employment Discrimination ,
FEHA ,
Hiring & Firing ,
Job Applicants ,
New Regulations ,
Protected Class ,
Rebuttable Presumptions ,
State Labor Laws
Like most recent years, the California Legislature passed and Governor Jerry Brown signed many labor and employment bills into law once again in 2014. Below are highlights of the most significant new laws. Each will become...more