California has long had the most restrictive laws against employee non-compete agreements. Effective January 1, two new legislative bills, Senate Bill 699 and Assembly Bill 1076, tightened California’s restrictions even...more
1/26/2024
/ Appeals ,
CA Supreme Court ,
California ,
Deadlines ,
Declaratory Judgments ,
Employment Litigation ,
New Legislation ,
Non-Compete Agreements ,
Notice Requirements ,
Restrictive Covenants ,
State Bans ,
Unfair Competition ,
Unfair Labor Practices ,
Written Notice
In a much-anticipated decision, the California Supreme Court in Adolph v. Uber Technologies unanimously held that a plaintiff, compelled to arbitrate individual claims under the Private Attorneys General Act (PAGA), does not...more
As the COVID-19 pandemic took hold in early 2020, state and local governments issued stay-at-home orders. The sudden change to stay-at-home work caught many businesses by surprise, and compelled many employees, who were...more
On March 22, 2023, National Labor Relations Board General Counsel Jennifer Abruzzo issued GC Memo 23-05 providing guidance on the recent decision in McLaren Macomb. Below are some of the notable points set forth in the...more
3/30/2023
/ Confidentiality Agreements ,
Contract Terms ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Non-Disclosure Agreement ,
Non-Disparagement Provisions ,
Retroactive Application ,
Section 7 ,
Separation Agreement ,
Severance Agreements
California Assembly Bill 1228 (A.B.1228), otherwise known as the Fast-Food Franchisor Responsibility Act, was introduced on February 16, 2023. If passed into law, fast food restaurant franchisors and franchisees will share...more
The National Labor Relations Board (NLRB or Board) recently ruled that it is illegal for employers to offer severance agreements that include broad non-disparagement and confidentiality provisions to employees, even those...more
The Latest Trends and Developments in the Class Actions World -
Labor & Employment-
Labor and Employment class actions involving contractors are on the rise in California, especially in its $50-plus billion per annum...more
Labor and Employment class actions involving contractors are on the rise in California, especially in its $50-plus billion per annum agricultural industry — 12.5% of all agricultural production nationwide. Employers using...more
In a recently issued 8 to 1 Decision in Viking River Cruises, Inc. v. Moriana, the United States Supreme Court held that individual claims based on the “only in California” Private Attorneys General Act (PAGA) may be...more
In her recently-filed brief to the National Labor Relations Board (NLRB or Board) in Cemex Construction, 28-CA-230115, NLRB General Counsel, Jennifer Abruzzo, continues her campaign to significantly curtail longstanding...more
Under California law, employers generally must provide employees working more than five hours in a day with a meal period. These meal periods must be at least 30 minutes, duty-free, and uninterrupted. In addition, for a long...more
An Initial Threshold Test Is Not Required in Order to Apply the “ABC Test” in Dynamex -
Introduction -
In the past few years, California employers and courts have grappled with the impact of Dynamex Operations West,...more
California law generally requires employers to provide employees with a safe place to work. What, if anything, does this obligation entail when an employee works at home or another employee visits that private residence for...more