On January 1, 2020, California businesses faced several new laws that may significantly impact business operations, including AB 5 (codifying the “ABC” test) and AB 51 (restricting the use of mandatory arbitration). On the...more
1/20/2020
/ Business Partners ,
Constructive Discharge ,
Employer Liability Issues ,
Established Business Relationship ,
Franchises ,
Healthcare Workers ,
Hiring & Firing ,
Joint Employers ,
Labor Regulations ,
Liability ,
New Legislation ,
Public Policy ,
Retaliation ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
We previously highlighted Assembly Bill 51, which prohibits employers from requiring employees or applicants for employment to “waive any right, forum, or procedure for a violation” of the Fair Employment and Housing Act or...more
1/2/2020
/ Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
FEHA ,
Labor Code ,
Labor Regulations ,
Motion To Enjoin ,
New Legislation ,
Preemption ,
Restraining Orders ,
State and Local Government ,
State Labor Laws ,
TRO
Concluding that TWC Dealer Group, Inc.’s arbitration agreements were both procedurally and substantively unconscionable, California’s First Appellate District’s recent decision highlights certain contractual terms and...more
Continuing with our legislative update, today we will offer insights into new bills expanding the Department of Fair Employment and Housing’s (DFEH) authority and the Fair Employment and Housing Act’s (FEHA) protected...more
10/25/2019
/ Cause of Action Accrual ,
DFEH ,
Employer Liability Issues ,
FEHA ,
Hairstyle Discrimination ,
Harassment ,
Labor Regulations ,
New Legislation ,
Race Discrimination ,
State and Local Government ,
State Labor Laws
California’s 2019 legislative session recently ended, leaving employers with a number of new laws requiring compliance starting January 1, 2020. To assist employers, we are publishing a series of blogs, each dedicated to a...more
In our previous blog we wrote about California’s Assembly Bill 51, which largely impacts arbitration agreements by prohibiting employers from requiring employees or applicants for employment to agree to arbitrate claims for...more
10/21/2019
/ Arbitration ,
Arbitration Agreements ,
Arbitration Fees ,
Class Action ,
Class Action Arbitration Waivers ,
Contract Terms ,
Employment Contract ,
FEHA ,
Hiring & Firing ,
Labor Regulations ,
Motion to Compel ,
New Legislation ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
California Governor Gavin Newsom signed groundbreaking legislation largely impacting mandatory arbitration agreements (Assembly Bill 51) and extending the deadline to file a harassment complaint from one to three years...more
10/16/2019
/ #MeToo ,
Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
DFEH ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
FEHA ,
Harassment ,
Labor Regulations ,
New Legislation ,
Preemption ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
Statute of Limitations
In a win for franchisors, the Ninth Circuit recently affirmed the district court’s summary judgment in favor of fast-food behemoth McDonald’s Corp., ruling that the franchisor is not a joint employer of its franchisees’...more
10/11/2019
/ Class Action ,
Common Law Claims ,
Employer Liability Issues ,
Franchisee ,
Franchises ,
Franchisors ,
Joint Employers ,
Labor Regulations ,
McDonalds ,
Misclassification ,
Wage and Hour
Any employer that has faced a wage & hour lawsuit in California knows that minor violations can quickly add up to significant liabilities....more
Last year (April 2018) the California Supreme Court rocked the boat with the seminal Dynamex decision, which created very high barriers for companies who utilize independent contractors. On September 18, 2019, Governor Gavin...more
9/23/2019
/ ABC Test ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Governor Newsom ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Misclassification ,
New Legislation ,
Retroactive Application ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Arbitration is a highly controversial topic in California.
Just last year 20,000 Google employees walked off the job in protest of Google’s policy to arbitrate workplace misconduct claims. A few weeks ago more than 200...more
7/12/2019
/ #MeToo ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Employment Contract ,
Labor Regulations ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
Unenforceable Contract Terms