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Employers Have Until Feb. 14 to Notify California Employees of Unlawful Noncompetes

California has no love for employers this Valentine’s Day. The deadline for employers to give their California employees who signed unlawful noncompetes written notice that the agreements or provisions are “void” is February...more

New Demands for Disclosure Impact Employment Litigation in California

Parties in California state court employment lawsuits and other actions may now deploy a potent new discovery tool. New demands for disclosure may be used in employment litigation and other lawsuits, with exceptions, filed in...more

Employers Using Restrictive Covenants Face Greater Risk Come the New Year!

Employers who sign employees up to noncompetition agreements or other restrictive covenants or seek to enforce the agreements — even when employees enter into the agreements outside California in a state where the...more

Take These Smart Steps to Reduce Risk, Build Defensible Terminations, and Stress Less!

This post is part of Experience Matters, a series drawing on my 30+ years of defending employers in California employment litigation. The series highlights actions you can take to reduce risk – and worry less – as you manage...more

When Employees Sue, You may Wish They had Signed Their Arbitration Agreements by Hand

Hand-signed arbitration agreements will be easier for employers to enforce in light of a recent California Court of Appeal ruling. Declarations from former employees claiming they “do not recall” having signed their...more

Consequential Bills to Employers Advance Through California Legislature

Any one of three bills still advancing through the California Legislature’s 2022 session will have broad consequences for California employers if enacted. The Legislature has until August 31 to pass pending bills and send...more

Employees Verifying Customers’ Vaccination Status! New Risks and Practical Suggestions

Restaurants, bars and nightclubs in some of the most populous cities and counties in California must now verify that customers are fully vaccinated for COVID-19 before allowing them in. The requirements potentially place...more

Act Now For More Time To File Your California Pay Data Report!

The deadline for employers to file their first annual pay data report with the California Department of Fair Employment and Housing (DFEH) – March 31 — is fast approaching. For employers scrambling to comply, a reprieve is...more

State Issues Important Guidance On Cal/OSHA COVID-19 Standards

Newly posted FAQs bring employers welcome help in understanding what they need to do to satisfy Cal/OSHA’s Emergency Temporary COVID-19 Standards (ETS). These are key takeaways from the nearly 40 new FAQs posted on January 8,...more

Demanding Cal/OSHA COVID-19 Regulation Set To Become Effective

The Emergency COVID-19 Prevention Regulation adopted by Cal/OSHA late this month will go into effect as early as Monday, November 30, 2020. When it becomes effective, the regulation will be the most sweeping and demanding...more

Employers’ Litigation Strategies Must Evolve In The New Year As California Laws Change

How employers will need to defend California employment lawsuits, Labor Commissioner actions and even arbitrations must evolve come the New Year due to changes in the law that become effective January 1, 2021. In this post, I...more

Obligations To Report COVID-19 In The Workforce: What Employers Need To Know

Employers in California are subject to a layer cake of requirements to report suspected and diagnosed cases of COVID-19 in their workforce. Federal, state and local agencies each impose obligations differing from one to the...more

Employers Beware! The New Pay Data Reports You File Will Be Used To Target Enforcement Actions

California employers with 100 or more employees are now required to file with the state detailed annual reports setting out demographic, pay and position information on their employees. As for the purpose of requiring the...more

Employees Who Are Crime Victims Gain New Protections Under Bill Approved By Governor Newsom

Employees who suffer physical or mental injury due to a crime will be entitled to job-protected leave and other protections from their employers under legislation signed this week by Governor Gavin Newsom. Employers will bear...more

Employers Face Greater Burdens For COVID-19-Related Workers Compensation Claims

Newly signed legislation makes it easier and faster for employees to obtain workers compensation benefits for contracting COVID-19. The statutes, which went into effect on Governor Gavin Newsom’s signing of SB 1159 on...more

Employers Heads Up! These Are The Bills Of Importance On Governor Newsom’s Desk

Anticipation mounts as we watch for California Governor Gavin Newsom’s action on bills of immediate importance to employers. The Governor has until September 30, 2020 to sign or veto the following bills of concern: SB 1383...more

Hiring During The Pandemic: Employers Must Plan Defensively

In meaningful numbers, employers across the U.S. who are rebuilding their workforces are being sued by employees not recalled from COVID furloughs and applicants not hired. Last week, I posted an Alert describing the risks to...more

Trends In COVID-Related Employment Actions

More than three months into furloughs, layoffs, work-from-home models and soldiering through a blizzard of coronavirus-related legislation, sufficient data is now available to alert employers to the most common types of...more

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