A company makes the difficult decision to terminate an employee’s employment due to poor performance. This should come as no surprise to the employee, who has been counselled and disciplined on numerous occasions. Yet, the...more
In a previous article that we published in October 2023, we detailed California’s forthcoming amendment to its noncompete law. That law, which is codified in California Business & Professions Code sections 16600 et seq, voids...more
11/12/2024
/ California ,
Cause of Action Accrual ,
Confidential Information ,
Contract Terms ,
Insurance Brokers ,
Motion to Dismiss ,
New Legislation ,
Non-Compete Agreements ,
Pre-Employment Agreements ,
Proposed Amendments ,
Restrictive Covenants ,
Tortious Interference
Along with pumpkins, costumes, and a chill in the air, the autumn season means it’s time to think about updating those handbooks and personnel policies! 2024 brought many new laws that warrant handbook updates, particularly...more
In 2004, California enacted the Private Attorneys’ General Act (PAGA), a first-in-the-nation mechanism to expand the enforcement of the state’s robust Labor Code protections for employees. Proponents of PAGA celebrated its...more
On April 15, 2024, the Equal Employment Opportunity Commission (EEOC) published a final rule to implement the Pregnant Workers Fairness Act (PWFA) (the “Rule”). By way of background, the PWFA requires covered employers to...more
As we’ve previously written, California already takes a strong position against employee noncompete agreements. State law bans such agreements (with extremely limited exception) and imposes significant penalties on employers...more
10/3/2023
/ Attorney's Fees ,
Business & Professions Code ,
California ,
New Legislation ,
No-Poaching ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Penalties ,
Restrictive Covenants ,
Retroactive Application ,
State Bans
In June 2022, we reported on the Viking River case, in which the U.S. Supreme Court addressed the question of whether claims brought under the California Private Attorney General Act (PAGA) could be compelled to arbitration...more
Federal and state laws are becoming increasingly unfriendly to employers' efforts to impose post-employment restrictions on workers via nonsolicit and noncompete agreements.
However, even in states that have historically...more
COVID-19 appears poised to remain with us on a long-term basis, and with every passing day, guidelines appear to become more lax. For example, the CDC now requires a person who tests positive to isolate for five days as...more
We have previously written on various states’ efforts to limit mandatory arbitration agreements in the employment context. Now, employers in all 50 states need to be careful when requiring mandatory arbitration of employment...more
California COVID supplemental sick leave is back. After Governor Newsom and the State Legislature came to an agreement earlier this year for what the 2022 version of supplemental sick leave would look like, mirror bills (AB...more
2/15/2022
/ California ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Governor Newsom ,
Legislative Agendas ,
New Legislation ,
Notice Requirements ,
Paid Leave ,
Sick Leave ,
State and Local Government ,
State Legislatures ,
Supplemental Benefits
As we recently reported, California has expanded the list of claims that cannot be subject to non-disclosure provisions in the employment or housing context. SB 331, which takes effect on January 1, 2022, expands the state’s...more
As businesses reopen and more and more employees become fully vaccinated, many companies are asking an important question: When can we gather together in large groups to attend conferences, retreats, and the like? ...more
For more than a year, the world has reacted to and adjusted for COVID-19. Now, with the arrival of COVID-19 vaccines, there is light at the end of the tunnel and individuals and companies can start moving forward and planning...more
4/1/2021
/ Americans with Disabilities Act (ADA) ,
Best Practices ,
Coronavirus/COVID-19 ,
Employment Policies ,
Health and Safety ,
Indemnification Clauses ,
Labor Management Relations Act (LMRA) ,
Masks ,
NLRA ,
OSHA ,
Re-Opening Guidelines ,
Remote Working ,
Social Distancing ,
Vaccinations ,
Workplace Safety
The Biden Plan for Strengthening Worker Organizing Collective Bargaining and Unions specifically endorses several California employment laws as models for the whole country. Accordingly, the many new employment laws set to...more
12/22/2020
/ ABC Test ,
California ,
California Consumer Privacy Act (CCPA) ,
California Family Rights Act (CFRA) ,
Collective Bargaining ,
Coronavirus/COVID-19 ,
Disclosure Requirements ,
Diversity and Inclusion Standards (D&I) ,
Family and Medical Leave Act (FMLA) ,
Gig Economy ,
Labor Code ,
Paid Sick Leave ,
Personal Protective Equipment ,
Subcontractors ,
Unions ,
Wage and Hour
A number of outlets have reported that social media use has significantly increased during the COVID-19 pandemic, as many are quarantined at home with time to kill. Meanwhile, just as social media use has spiked, the...more
Last week, California Governor Gavin Newsom signed an Executive Order mandating 80 hours of supplemental paid sick leave for COVID-19 related reasons be provided to “food sector workers” at private companies with 500 or more...more
4/24/2020
/ California ,
Department of Industrial Relations ,
Employee Benefits ,
Employer Responsibilities ,
Executive Orders ,
Families First Coronavirus Response Act (FFCRA) ,
Food Service Workers ,
Food Supply ,
Full-Time Employees ,
Governor Newsom ,
Part-Time Employees ,
Posting Requirements ,
Sick Leave ,
State and Local Government
With shelter-in-place orders in effect in almost every state in the country, videoconferences are now the norm for conducting everyday business. Over the last several weeks, Foley attorneys have completed a number of virtual...more
On April 1, 2020, the U.S. Department of Labor (“DOL”) released a temporary rule (“the Rule”), at 29 C.F.R. § 826, regarding administration of the paid leave provisions in the Families First Coronavirus Response Act (“the...more
Earlier this year, the New York City Commission on Human Rights published robust model policies for employers to use in guiding compliance with the city’s lactation accommodation law. Not to be outdone, California has enacted...more
Most employers are well aware that the Americans with Disabilities Act (and similar state laws) require employers to engage in the “interactive process” when an employee requests a disability accommodation. But in actual...more
The interplay between arbitration agreements and employment-based class actions has been the subject of extensive and often conflicting legal opinions for the last half-decade. While many hoped the issue would gain clarity...more
The #MeToo movement has spawned several bills, many of which are aimed at prohibiting private arbitration of sexual harassment claims or outlawing confidentiality provisions in settlement agreements addressing sexual...more
9/12/2018
/ #MeToo ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Discrimination ,
FEHA ,
Governor Brown ,
Job Applicants ,
Mandatory Arbitration Clauses ,
Proposed Legislation ,
Sexual Harassment ,
State Labor Laws ,
Wage and Hour
Yesterday (April 30, 2018) the California Supreme Court issued an opinion on the appropriate test to employ when assessing “independent contractor” classification under state law.
The Court’s unanimous decision throws out...more
Any employer who has been on the receiving end of a lawsuit filed by the EEOC or a similar state agency is aware that a standard requirement of settling this type of case is entering into a “consent decree.” A consent decree...more