In July, this blog alerted you to the outcome of the preliminary injunction rulings in Ryan, LLC v. Federal Trade Commission and ATS Tree Services, LLC v. Federal Trade Commission, which resulted in a 1-1 tie between...more
The Federal Trade Commission promulgated regulations that stand to ban non-compete agreements in employment relationships nationwide. These regulations are scheduled to become effective on September 4, 2024....more
Many people are contemplating what to give their Valentine in a couple of weeks.
However, California employers that employed California persons under an agreement with a noncompete clause “no matter how narrowly...more
On January 10, 2024, the U.S. Department of Labor (“Department”) changed the test as to whether a worker is an employee or independent contractor under the Fair Labor Standards Act (“FLSA”). This final rule rescinds the...more
1/12/2024
/ Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Reform ,
Misclassification ,
Over-Time ,
Wage and Hour
On January 1, 2024, most California employers are required to provide up to five days of unpaid leave to an employee who experiences a reproductive loss event. Senate Bill 848 defines a reproductive loss as a failed adoption,...more
In September, California created a cause of action whereby employees may challenge non-compete agreements and win damages and attorney’s fees (see our prior post on “New Golden State Law to Create Gold Rush Litigation Testing...more
California has gone to great lengths to limit independent contractor relationships and recently, the City of Los Angeles, created additional hurdles to the hiring and use of independent contractors or freelance workers. The...more
8/18/2023
/ City of Los Angeles ,
Employee Definition ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Reform ,
Labor Regulations ,
Local Ordinance ,
Wage and Hour
The Federal Trade Commission (FTC) proposed new Federal regulations to ban non-compete clauses from employment agreements nationwide. The ban will include non-solicitation and other restrictions that are currently designed to...more
The Ninth Circuit gave California employers a belated Valentine’s Day present by upholding the District Court’s injunction against enforcement of California Assembly Bill 51 (“AB 51”) because it inhibited arbitration contrary...more
On September 13, 2022, the Fair Work Week Ordinance advanced out of committee and will move forward toward likely City Council approval. If it passes, any retail business with over 300 employees, globally, will face...more
If you have a single employee who works for two hours or more in a week in the city of West Hollywood, California, get ready for significant changes that take effect on July 1, 2022, that will impact your West Hollywood...more
6/15/2022
/ California ,
Employee Handbooks ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Labor Reform ,
Local Ordinance ,
Minimum Wage ,
Paid Time Off (PTO) ,
Regulatory Requirements ,
Unpaid Leave ,
Wage and Hour
To update our February 16, 2022 Blog, on March 3, 2022, President Biden signed the law amending the Federal Arbitration Act to prohibit mandatory arbitration of employee claims of sexual harassment or sexual assault....more
3/8/2022
/ #MeToo ,
Arbitration ,
Arbitration Agreements ,
Biden Administration ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
Labor Reform ,
Labor Regulations ,
Mandatory Arbitration Clauses ,
New Legislation ,
Sexual Assault ,
Sexual Harassment
As we mentioned in our blog earlier this week, the 2022 COVID-19 Supplemental Paid Sick Leave goes into effect on February 19, 2022 for California employers with more than 25 employees....more
2/18/2022
/ California ,
Coronavirus/COVID-19 ,
DLSE ,
Infectious Diseases ,
Labor Reform ,
New Guidance ,
Paid Sick Leave ,
Paid Time Off (PTO) ,
Posting Requirements ,
Regulatory Requirements ,
State Labor Laws
Over the course of three days, the House and Senate passed HR 4445, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, amending the Federal Arbitration Act (FAA) that is expected to be signed...more
2/17/2022
/ #MeToo ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
Labor Reform ,
Labor Regulations ,
Legislative Agendas ,
Mandatory Arbitration Clauses ,
Pending Legislation ,
Regulatory Agenda ,
Sexual Assault ,
Sexual Harassment
On September 22, 2021, Governor Newsom signed AB 701, which creates new obligations for certain employers with warehouse distribution centers that use production quotas, effective January 1, 2022. Under this new law,...more
1/10/2022
/ California ,
Corporate Counsel ,
Distribution Centers ,
Employees ,
Employer Liability Issues ,
Health and Safety ,
Labor Reform ,
New Legislation ,
Quotas ,
Regulatory Requirements ,
Rest and Meal Break ,
State Labor Laws ,
Wage and Hour ,
Warehouses
On March 29, 2021, California’s newest COVID-19-related legislation requires all employers with 25 or more employees to provide California employees up to 80 hours of COVID-19 paid sick leave. ...more
As indicated recently, California’s Pay Data Reporting Act requires all private-sector employers with 100 or more employees, with at least one employee in California, to report pay and hours worked by employees by race,...more
2/17/2021
/ Data Collection ,
DFEH ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Labor Reform ,
Labor Regulations ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Regulatory Requirements ,
Reporting Requirements ,
State and Local Government ,
State Labor Laws ,
Wage and Hour