On Tuesday, August 20, a Texas federal judge set aside the FTC’s “Non-Compete Rule” (the “Rule”). This decision comes just two weeks before the FTC’s nationwide ban on non-competes was set to take effect. The Court stated...more
8/22/2024
/ Administrative Procedure Act ,
Competition ,
Confidential Information ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hiring & Firing ,
Injunctive Relief ,
Intellectual Property Protection ,
Non-Compete Agreements ,
Restrictive Covenants
As discussed in our previous alert, last month Cal/OSHA approved the Heat Illness Prevention in Indoor Places of Employment Standard (“Indoor Heat Standard”)....more
7/31/2024
/ Cal-OSHA ,
California ,
Employees ,
Employer Liability Issues ,
Employer Responsibilities ,
Heat Exposure ,
Labor Reform ,
New Regulations ,
Occupational Exposure ,
Regulatory Requirements ,
State Labor Laws ,
Workplace Safety
On July 1, 2024, Governor Gavin Newsom signed legislation to reform California’s Private Attorneys General Act (“PAGA”). These changes aim to balance PAGA enforcement with fairness to employers, offering new avenues for...more
On Wednesday, July 3, a Texas federal judge granted a preliminary injunction preventing the FTC’s rule barring most non-competes from taking effect in September. In the meantime, the court will consider if the FTC has...more
On June 20, 2024, the California Occupational Safety and Health (“Cal/OSHA”) Standards Board voted to approve the proposed Indoor Heat Illness Prevention in Indoor Places of Employment Standard (“Indoor Heat Standard”). ...more
6/25/2024
/ Cal-OSHA ,
California ,
Employer Liability Issues ,
Health and Safety ,
Heat Exposure ,
Labor Reform ,
New Regulations ,
Occupational Exposure ,
Severe Weather ,
State Labor Laws ,
Workplace Hazards ,
Workplace Safety
On April 23, the Federal Trade Commission (“FTC”) voted to issue a final rule banning non-compete clauses nationwide with limited exceptions (the “Final Rule”). The unpublished Final Rule is available...more
4/25/2024
/ Competition ,
Confidential Information ,
Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hiring & Firing ,
Intellectual Property Protection ,
Labor Reform ,
Non-Compete Agreements ,
Restrictive Covenants
As promised, Cal/OSHA recently published Frequently Asked Questions (FAQs) addressing various aspects of the Workplace Violence Prevention Plan (“WVPP”) that most employers must have in place by July 1, 2024. You can access...more
On March 1, 2024, the Centers for Disease Control and Prevention (CDC) announced that it is updating its COVID-19 guidance and is no longer recommending that individuals who test positive for COVID-19 isolate for five days....more
Effective January 1, 2024, California made several adjustments to its non-competition laws to strengthen its general prohibition on such agreements. Those adjustments included: making non-competition agreements unenforceable...more
On January 18th, the California Supreme Court in Estrada v. Royalty Carpet Mills, Inc. ruled that defendants sued under the Private Attorney General Act (PAGA) may no longer strike unmanageable claims. PAGA claims are...more
1/22/2024
/ CA Supreme Court ,
Demurrers ,
Due Process ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Labor Code ,
Labor Law Violations ,
Litigation Strategies ,
Motion To Strike ,
Penalties ,
Private Attorneys General Act (PAGA) ,
Summary Judgment
The new paid sick leave requirements for California employers go into effect January 1, 2024. The increase in paid sick leave that must be provided is the central element of the legislation....more
The new paid sick leave requirements for California employers go into effect January 1, 2024. The increase in paid sick leave that must be provided is the central element of the legislation....more
California enacted several bills that require changes to Employee Handbooks before the end of the year. The areas which may require revision include...more
12/7/2023
/ California ,
Employee Handbooks ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Labor Reform ,
NLRB ,
Non-Compete Agreements ,
Paid Time Off (PTO) ,
State Labor Laws ,
Wage and Hour ,
Workplace Violence
Starting August 1, 2023, “qualified employers” will have the permanent option to complete I-9 employment eligibility verifications remotely. This option comes as a relief to many employers who were left scrambling to...more
7/26/2023
/ Department of Homeland Security (DHS) ,
E-Verify ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Foreign Workers ,
Form I-9 ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Required Forms ,
USCIS
During the pandemic, when all non-essential workers were required to work remotely, several questions arose about who should pay for the work-from-home expenses. Earlier this month, the California Court of Appeal determined...more
In June of last year, the United States Supreme Court held in Viking River Cruises, Inc. v. Moriana that a plaintiff in an action under the Private Attorney General Act (“PAGA”) loses standing to pursue claims on behalf of...more
On May 30, 2023, Jennifer Abruzzo, General Counsel for the National Labor Relations Board (the “NLRB”), issued a memo arguing that requiring employees to sign non-competition agreements violates the National Labor Relations...more
The California Division of Occupational Safety and Health Standards Board (Cal/OSHA Standards Board) has published its proposed indoor heat illness prevention standard. While there are already heat illness regulations in...more
On March 3, the California Department of Public Health (CDPH) announced sweeping changes to its COVID-19 guidance related to masking, vaccination, and isolation after a positive COVID-19 test. Most significantly, as of April...more
After more than three years of legal challenges, California’s Assembly Bill 51 was completely struck down as preempted by the Federal Arbitration Act in a Ninth Circuit ruling on February 15, 2023. California employers can...more
As discussed in our prior alert, Cal/OSHA approved non-emergency standards to regulate employers’ responses to COVID-19. Since then the standards have been with the Office of Administrative Law (OAL) awaiting approval. But...more
As many employer’s know, California implemented more robust pay transparency requirements in 2023. Thus far, much of the focus has been on the pay transparency requirements for job postings discussed in our prior alert. ...more
Last week, the Federal Trade Commission (“FTC”) issued a proposed rule to eliminate all non-competition agreements with employees subject to limited exceptions. While some states, like California, have already nearly...more
On the first of the year, California’s new pay transparency law requiring pay scales in job postings took effect. Although the new legislation was passed in the fall, some requirements of the new law left more room for...more
Last week, the Occupational Safety and Health Standards Board adopted the COVID-19 Prevention Non-Emergency Regulations which incorporate some revisions to the current COVID-19 Emergency Temporary Standards. The current...more