The FTC’s national ban on non-compete agreements and related court challenges once again puts the spotlight on restrictive covenants and their continued viability in a variety of contractual scenarios.
This interactive Zoom…
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/ Antitrust & Trade Regulation, Commercial Law & Contracts, Labor & Employment Law
Summary: Courts must consider allegations of a racially hostile workplace “from the perspective of a reasonable person belonging to the racial or ethnic group of the plaintiff.” Under this framework, “a single racial epithet can…
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/ Alternative Dispute Resolution (ADR), Civil Procedure, Civil Rights, Labor & Employment Law
The Risk of Litigating Before Moving to Arbitrate - Many employers in California ask or require their employees to execute arbitration agreements. When a claim arises, the employer has a choice—proceed with litigation…
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/ Alternative Dispute Resolution (ADR), Civil Procedure, Labor & Employment Law
UPDATE: JULY 1, 2024 The proposed PAGA reform legislation passed the California Assembly and Senate and has been signed into law by Governor Newsom today.
What are the main takeaways from the proposed legislation?
To…
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/ Civil Procedure, Civil Remedies, Labor & Employment Law
Garcia v. Stoneledge Furniture LLC, 102 Cal. App. 5th 41 (2024) - Summary: Although parties may delegate questions regarding the validity of an arbitration agreement to the arbitrator, the delegation presupposes the existence of…
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/ Alternative Dispute Resolution (ADR), Civil Procedure, Labor & Employment Law
Governor Newsom, in partnership with legislative leadership and business and labor groups, announced an agreement to reform the Private Attorneys General Act, or PAGA. The proposed agreement includes sweeping changes to…
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/ Civil Procedure, Labor & Employment Law
It is time to take stock of where we are with potential new employment-related laws now that we have passed the first major deadline in California’s legislative calendar. May 24 marked the deadline for pending legislation to…
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/ Administrative Law, Civil Rights, Labor & Employment Law
The Supreme Court of California recently weighed in on conflicting conclusions reached by California Courts of Appeal regarding insurance coverage for COVID-19 related losses, in its May 23, 2024 decision in Another Planet…
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/ Business Organizations, Commercial Law & Contracts, Insurance
Mattioda v. Nelson, 98 F.4th 1164 (9th Cir. 2024) - Summary: Disability-based harassment claims are available under the Americans with Disabilities Act and the Rehabilitation Act…
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/ Alternative Dispute Resolution (ADR), Civil Rights, Labor & Employment Law
The Question - The basics of California’s wage statement requirements should be familiar to employers. The consequences for failing to comply with these requirements can be severe…
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/ Labor & Employment Law
Today, the FTC approved and issued its Final Rule that, in effect, bans all post-employment non-competes nationwide. The rule applies not only to new non-competes, but to most agreements already in force as well. Like the…
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/ Administrative Law, Commercial Law & Contracts, Labor & Employment Law
Today, the U.S. Supreme Court made it easier for employees to challenge discriminatory job transfers. In Muldrow v. City of St. Louis, the Court held that an employee challenging a job transfer under Title VII must show that the…
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/ Civil Procedure, Civil Rights, Labor & Employment Law
In a unanimous opinion, the Supreme Court held today that the Federal Arbitration Act’s (“FAA”) exemption for any “class of workers engaged in foreign or interstate commerce” is not limited to workers whose employers are in the…
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/ Alternative Dispute Resolution (ADR), Labor & Employment Law
Summary - To qualify as a transportation worker for purposes of the FAA, an employee’s relationship to the movement of goods must be sufficiently close enough to conclude that the employee’s work plays a tangible and meaningful…
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/ Alternative Dispute Resolution (ADR), Labor & Employment Law
An issue that has long plagued employers in California is whether time an employee spends on the employer’s premises making their way to or from their worksite is compensable. We have seen a spike in lawsuits raising this issue…
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/ Labor & Employment Law
