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The PTAB Review - September 2023

In this edition, we begin with a discussion of recent trends in sanctions practice at the Patent Trial and Appeal Board (PTAB). Next, we summarize several recent Federal Circuit decisions addressing various aspects of PTAB...more

California Supreme Court Rules Employees Can Pursue PAGA Claims on Behalf of Other Aggrieved Employees in Court Despite...

On July 17, 2023, the California Supreme Court ruled that where an employee has brought a California Private Attorneys General Act (PAGA) action that is comprised of both individual and non-individual claims, a court order...more

The PTAB Review - May 2023

This issue begins with a summary of several Patent Trial and Appeal Board (PTAB) policy questions the U.S. Patent and Trademark Office (USPTO) has raised in an advance notice of proposed rulemaking. Next, we examine two...more

NLRB Attacks Broad Nondisparagement and Confidentiality Provisions in Employee Severance Agreements

In its recent McLaren Macomb decision,1 the National Labor Relations Board (NLRB) issued a ruling finding unlawful the type of nondisparagement and confidentiality provisions employers use in severance agreements with their...more

Ninth Circuit’s Ruling on California’s AB 51 Creates Further Uncertainty for California Employers Using Mandatory Employment...

A recent federal appellate court ruling has once again introduced uncertainty for California employers as to whether they may require mandatory arbitration of employment disputes. In 2019, California passed Assembly Bill 51...more

SEC Approves Nasdaq Listing Rules Regarding Board Diversity

On August 6, 2021, the U.S. Securities and Exchange Commission (SEC) approved the proposed rule change submitted by The Nasdaq Stock Market LLC (Nasdaq) to adopt new listing rules establishing a disclosure-based framework...more

Cal/OSHA Passes New Workplace Regulations Ending Face Mask and Social Distancing Requirements for Vaccinated Employees in...

On June 17, 2021, the California Occupational Safety and Health Standards Board voted to approve certain revisions to the Division of Occupational Safety and Health’s (Cal/OSHA’s) COVID-19 Emergency Temporary Standards...more

California’s Supreme Court Rejects Employer Use of Time-Rounding Policies in the Meal Period Context

In California, employers with non-exempt employees often utilize time-rounding policies to determine whether employees have been fully paid for time worked, as well as whether employees have taken a meal break in the manner...more

California Issues New Regional Stay Home Order: What California Employers Need to Know

In a further attempt to "bend the curve" and to slow the spread of COVID-19 in California, Governor Gavin Newsom has announced that he is "pulling the emergency brake" on the state's reopening plans, and California has issued...more

Nasdaq Proposes Listing Rules Regarding Board Diversity

On December 1, 2020, Nasdaq announced the filing of a proposal with the U.S. Securities and Exchange Commission (SEC) to adopt new listing rules related to board diversity and disclosures. If adopted, these new listing rules...more

Proposition 22 Is a Major Win for California’s Gig Economy

With the passage of Proposition 22 in the November 3, 2020, general election, California's gig economy scored a victory over the state's efforts to classify app-based rideshare and delivery company workers as employees rather...more

California Expands Board Diversity Mandate

On September 30, 2020, California Governor Gavin Newsom signed legislation mandating representation of underrepresented communities on the boards of publicly held corporations based in California. This new law, known as...more

Expanding Federal Job Protections for Employees, U.S. Supreme Court Rules Title VII Prohibits Employment Discrimination on the...

The United States Supreme Court has ruled that an employer who fires an individual merely for being gay or transgender defies Title VII of the Civil Rights Act of 1964 (Title VII). As a majority of states do not have laws...more

Update: Bay Area Counties Tighten Orders Regarding Sheltering in Place

On March 31, 2020, six counties in the San Francisco Bay Area, as well as the City of Berkeley, extended and tightened their March 16, 2020 orders for all individuals living in those locations to shelter in place to slow the...more

COVID-19 Employment Law Update: What Employers Need to Know About New Federal Legislation Providing for Emergency Paid Leaves

On March 18, 2020, President Trump signed the Families First Coronavirus Response Act (the Act). The Act is one of several federal government efforts to stimulate the economy and mitigate the economic harm to individuals and...more

Coronavirus Update: Summary of Bay Area Six-County Orders Regarding Sheltering in Place

On March 16, 2020, six counties in the San Francisco Bay Area, as well as the City of Berkeley, ordered all individuals living in those locations to shelter in place to slow the spread of COVID-19 (the "Orders"). Below is a...more

Recent Cases Shed Light on the Status of Employee Non-Solicitation Agreements in California

Two recent cases have found that employee non-solicitation agreements, at least in the form many companies currently use, are unlawful in California. In AMN Healthcare, Inc. v. Aya Healthcare Services, Inc., 28 Cal. App. 5th...more

Massachusetts Imposes Significant Restrictions on Post-Employment Non-Competition Covenants

Massachusetts has joined a growing list of states, including Colorado, Georgia, Hawaii, Oregon, and Utah, among others, with statutes placing limits on the permissible terms and scope of agreements prohibiting employees from...more

California Supreme Court Rejects Employer Argument that It Need Not Pay for De Minimis Amounts of Time Worked by Employees

Once again, California's Supreme Court has underscored that California employment law can differ from federal law in significant, and typically more employee friendly, ways. In Douglas Troester v. Starbucks Corporation,1 a...more

The PTAB Review - June 2018

Orange Book-Listed Patents Prove to Be Popular Targets for AIA Challenges - On March 13, 2018, Chief Administrative Patent Judge Ruschke of the Patent Trial and Appeal Board (PTAB) released findings of the Patent Office’s...more

U.S. Supreme Court Permits Employer Use of Class Action Waivers in Employee Arbitration Agreements

In one of its most important employment law decisions in decades, the U.S. Supreme Court has ruled that an employer's use of a class or collective action waiver (class waiver) in a mandatory employment arbitration agreement...more

California Supreme Court Makes Classifying Workers as Independent Contractors More Difficult

California's Supreme Court has issued a decision making it harder for companies to classify California workers as independent contractors. In Dynamex Operations West, Inc. v. Superior Court, the court adopted a broad...more

Federal Appeals Court Rejects Employer's Reliance on Employee's Salary History in Attempt to Defeat Equal Pay Claim

In a decision receiving nationwide media coverage, the U.S. Court of Appeals for the Ninth Circuit has held that an employer cannot defeat a federal Equal Pay Act claim by relying on an employee's prior salary, whether alone...more

U.S. Department of Labor Adopts New Test to Determine if Interns Are Really Employees

As summer approaches, many employers are considering “hiring” summer interns, as well as what to pay them, if anything. Some employers will consider engaging the services of unpaid interns, sometimes at the request of eager...more

New California Law Prohibits Employers from Seeking Salary History Information from Job Applicants

California has joined a growing number of cities and states seeking to advance gender pay equity by passing laws prohibiting employers from asking job applicants about their salary histories.1 Effective January 1, 2018,...more

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