California AB 51’s ban on mandatory employment arbitration remains stayed for now. AB 51 was passed in fall 2019 and essentially prohibits employers from requiring an applicant or employee to consent to mandatory arbitration...more
1/13/2020
/ Arbitration ,
Arbitration Agreements ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
FEHA ,
Labor Code ,
Mandatory Arbitration Clauses ,
Preemption ,
Preliminary Injunctions ,
State Labor Laws ,
TRO
AB 5’s elimination of independent contracting as we know it in California will have significant legal consequences for businesses doing business in California. While we believe board directors will escape its reach,...more
California Governor Gavin Newsom just signed AB 51 into law, which means that effective January 1, 2010, employers will (purportedly) be prohibited from requiring employees to consent to mandatory arbitration of employment...more
10/28/2019
/ Arbitration ,
Arbitration Agreements ,
Breach of Contract ,
Employer Liability Issues ,
Federal Arbitration Act ,
FEHA ,
Governor Newsom ,
Labor Code ,
Mandatory Arbitration Clauses ,
New Legislation ,
State Labor Laws
The California legislature has now passed AB 5 and, if Governor Gavin Newsom signs the bill into law as expected, California will effectively ban nearly all categories of independent contractors – not just gig economy...more
9/13/2019
/ ABC Test ,
CA Supreme Court ,
Employee Definition ,
Employer Liability Issues ,
Gig Economy ,
Governor Newsom ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
State Labor Laws ,
Wage and Hour ,
Wage Orders
This week, the California Supreme Court rejected the old “totality of circumstances” test to determine if a worker was properly classified as an independent contractor in favor of a new “ABC test” under which employers will...more
Governor Jerry Brown has signed the New Parent Leave Act, which will become effective January 1, 2018 and requires California employers with 20 to 49 employees within 75 miles to provide up to 12-weeks of job-protected unpaid...more
10/19/2017
/ California Family Rights Act (CFRA) ,
DFEH ,
Employee Benefits ,
Employer Group Health Plans ,
Family and Medical Leave Act (FMLA) ,
Mediation ,
New Legislation ,
Parental Leave ,
Pregnancy Disability Leave Law ,
Small Business ,
State Labor Laws ,
State Pilot Programs ,
Wage and Hour