Last week, Governor Gavin Newsom issued an executive order to tackle the new field of Generative Artificial Intelligence (GenAI). As technology develops and changes, Newsom indicated that it’s time to be “Asking questions....more
For over two decades, California law concluded non-compete agreements are not enforceable in the context of employment, Edwards v. Anderson, 44 Cal.4th 937 (2008) and even created a public policy claim against employers...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
A private class-action complaint claimed that the department store, Saks, and several luxury brands (including Louis Vuitton, Loro Piana, Prada, Brunello and Fendi) violated Federal Antitrust laws when they agreed that each...more
8/15/2023
/ Antitrust Violations ,
Class Action ,
Employer Liability Issues ,
Employment Contract ,
Former Employee ,
Hiring & Firing ,
Luxury Goods ,
No-Poaching ,
Restraint of Trade ,
Restrictive Covenants ,
Unfair Labor Practices
On the eve of the California Privacy Protection Agency’s (CPPA), the California Chamber of Commerce’s lawsuit obtained a significant victory as the Sacramento County Court granted an injunction against the CPPA delaying...more
The Ninth Circuit gave short shrift to employees’ claims that an intermediary in the commerce of strawberries was responsible for paying the farmworkers’ wages under a creative legal theory that the intermediary was a “client...more
6/13/2023
/ Agribusiness ,
California ,
Day Laborers ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Farm Workers ,
Farms ,
Joint Employers ,
Labor Code ,
Labor Contractor ,
State Labor Laws ,
Wage and Hour
Employers following the Federal Trade Commission’s (“FTC”) rulemaking process that will restrict non-compete agreements in many employment relationships may be relieved to learn that the FTC is not expected to vote on its...more
Join Dan M. Forman, Partner and Chair of CDF’s Trade Secret and Privacy Practice Groups, for an exclusive one-hour complimentary webinar focused on providing attendees with invaluable insights and top tips for effectively...more
5/31/2023
/ Artificial Intelligence ,
Best Practices ,
Bias ,
California ,
Continuing Legal Education ,
Employee Privacy Rights ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Ethics ,
Popular ,
Regulatory Requirements ,
Risk Mitigation ,
Trade Secrets ,
Webinars
On top of last week’s Senate hearing into artificial intelligence (“AI”) featuring the testimony of OpenAI’s CEO, Sam Altman, the Equal Employment Opportunity Commission (“EEOC”) and the Federal Trade Commission (“FTC”)...more
5/22/2023
/ Algorithms ,
Anti-Discrimination Policies ,
Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Biometric Information ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Innovative Technology ,
Machine Learning ,
Policy Statement
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
Effective February 3, 2023 and in place until February 3, 2025, Cal-OSHA’s Non-Emergency Regulations direct all employers to continue to follow certain COVID-19 guidance. As a result, employers should vigilantly monitor the...more
On February 14, 2023, the California Privacy Protection Agency (CPPA) submitted its proposed final regulations (“Regulations”) to the Office of Administrative Law for a final review. It is anticipated that Regulations will go...more
2/20/2023
/ California Privacy Protection Agency (CPPA) ,
California Privacy Rights Act (CPRA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Management ,
Data Privacy ,
Data Protection ,
Employee Privacy Rights ,
Personal Information ,
Regulatory Requirements ,
State Privacy Laws
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
Topics: COVID-19, Employee Leave In October, Governor Newsom announced that California’s COVID-19 State of Emergency will end on February 28, 2023. Likewise, 2022 COVID-19 Supplemental Paid Sick Leave is currently scheduled...more
Employee monitoring and tracking technologies implemented to ensure remote employee productivity for remote work during the COVID-19 pandemic need to be handled carefully. California employers seeking to learn whether...more
The California Privacy Rights Act (CPRA) that amended California’s Consumer Privacy Act (CPPA) comes fully into force on January 1, 2023 and the California Privacy Protection Agency is supposed to start enforcing the CPRA on...more
On October 14, 2022, the California Department of Public Health (“CDPH”) ordered a new definition of “Close Contact” effective immediately. The new definition requires employers to reexamine existing COVID-19 policies and...more
Following the passage of the California Privacy Rights Act (CPRA), for the past two years, employers have been partially exempt from many of the California Consumer Privacy Act's (CCPA) mandates pertaining to applicants,...more
10/11/2022
/ California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Continuing Legal Education ,
Covered Employer ,
Data Mapping ,
Data Privacy ,
Data Security ,
Employee Privacy Rights ,
Employer Liability Issues ,
Enforcement Actions ,
Notice Requirements ,
Personal Information ,
Privacy Policy ,
Proposed Regulation ,
Right to Delete ,
Safe Harbors ,
Sensitive Personal Information ,
Webinars
On September 29, 2022, Governor Newsom signed AB152 and extended California COVID Supplemental paid leave to December 31, 2022....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
Evenskaas v. California Transit Inc. reversed a Los Angeles Superior Court judge’s denial of an employer’s motion to compel arbitration of a former employee’s wage and hour class action. The trial court had concluded that the...more
7/22/2022
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Federal Arbitration Act ,
Interstate Commerce ,
Motion to Compel ,
Preemption ,
Wage and Hour
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
The Antitrust Division of the Department of Justice (DOJ) has stepped up enforcement over no-poach/no-hire agreements under Federal antitrust laws. The DOJ recently tried two criminal cases against individual officers of...more
5/11/2022
/ Antitrust Division ,
Antitrust Provisions ,
Civil Liability ,
Continuing Legal Education ,
Criminal Liability ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Hiring & Firing ,
Intellectual Property Protection ,
No-Hire/No-Solicitation Agreements ,
No-Poaching ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Trade Secrets ,
Webinars
Since last week, when a Federal District Court in Florida struck down the Center for Disease Control’s Mask Mandate for public transportation, many local jurisdictions have announced an end to mask mandates. Indeed, the...more
4/28/2022
/ California ,
CDPH ,
Centers for Disease Control and Prevention (CDC) ,
City of Los Angeles ,
Coronavirus/COVID-19 ,
Employer Responsibilities ,
Infectious Diseases ,
Local Ordinance ,
Masks ,
New Guidance ,
Public Health ,
Public Transit
On April 18, 2022, a Federal District Court struck down the CDC’s Mask Mandate that had required masking during travel throughout the United States concluding that the order exceeded the CDC’s statutory authority and failed...more