Tag Archives: California

The Latest and Greatest Updates About Non-Compete and Non-Solicitation Agreements in California

non-compete
Employers everywhere should be familiar with California’s strict rules against the enforcement of non-compete agreements and non-solicitation agreements between employers and employees. Practically speaking, the rule has always been that non-compete agreements are not enforceable. Similarly, non-solicitation agreements regarding the solicitation of customers are not enforceable, but non-solicitation agreements regarding the solicitation of other employees … Continue reading this entry

California Supreme Court Says Employers Must Pay for Several Minutes of Off-the-Clock Work

Off-the-clock
Last Thursday, July 26, the California Supreme Court issued an opinion concluding that coffee retailer Starbucks must pay its employees for off-the-clock duties that take several minutes per shift. In issuing its opinion, the Court rejected Starbucks’ request to invoke a federal wage rule (known as the de minimis doctrine) that excuses employers from paying … Continue reading this entry

Good News for Private Employers in California: Federal Court Temporarily Enjoins Several Provisions of New Law Prohibiting Cooperation with Immigration Enforcement Agents

immigration
Private employers received good news this month when a federal court temporarily stopped the state of California from enforcing most of a new law that restricts an employer’s ability to cooperate with officers who enforce federal immigration laws. This new California law is known as Assembly Bill 450 or the “Immigrant Worker Protection Act”.  It … Continue reading this entry

Massachusetts Poised to Become the Latest State Offering a Paid Family Leave Program

noncompetition
The Paid Family Leave trend is gathering speed in states around the country. Currently, California, New Jersey, New York, Rhode Island, and Washington have paid family leave programs, as does Washington, D.C. Unlike state and municipal sick leave laws, the paid family leave programs generally are administered by the state, not the employer. Many of … Continue reading this entry

The Jig Is Up: California Supreme Court Asserts New Independent Contractor Test Impacting The “Gig Economy” and Companies Engaging Independent Contractors

immigration
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 the prior multi-factor test for determining independent contractor versus employee status for claims based on the California Industrial Welfare Commission’s Wage Orders. This new … Continue reading this entry

California Changes the Rules for Calculating Overtime on Employee Bonuses

Off-the-clock
The California Supreme Court just threw employers a serious curveball with respect to how employers must calculate overtime. And it did so by claiming employers should have known of this calculation method even though the same California Supreme Court declared it void over 20 years ago.… Continue reading this entry

California as a Sanctuary State: Restrictions on Employers’ Compliance with Federal Immigration Actions

California
In October 2017, California passed the widely publicized Senate Bill 54, the unofficial “sanctuary state” bill, which bars state and local law enforcement agencies from asking people about their immigration status. Another new California law, the Immigrant Worker Protection Act (Assembly Bill 450), effective January 1, 2018, provides worksite immigration protection for employees while on … Continue reading this entry

New California Laws – 2018

California
We are writing to bring you up to date regarding key California employment laws that take effect in the upcoming year. What follows is a description of newly approved California laws, effective January 1, 2018, at least some of which may impact your company directly if you have employees in the Golden State.… Continue reading this entry

California Federal Court Strikes Down FCRA Claim

EEOC
Earlier this month, in a case pending in the U.S. District Court for the Central District of California, Home Depot avoided a class action suit under the Fair Credit Reporting Act (FCRA). The lawsuit accused the company of improperly obtaining personal information about job applicants by relying on background check authorization forms that did not … Continue reading this entry

Is Bullying Harassment?

ADA
California is oft thought of as a trailblazer in the arena of sexual harassment law. Because California’s Fair Employment and Housing Act mirrors Title VII, practitioners and employers in other states often look to California cases and laws regarding sexual harassment for guidance.… Continue reading this entry

Paid Family Leave: Is Your Company Aware of the Latest Ordinances?

Paid Family Leave
Family values and putting Americans back to work were common refrains during the last political cycle. President Trump spoke about child care and family leave in his January joint address to Congress and Ivanka Trump has met with lawmakers to advance her ideas on the subject. However, given  today’s political climate federal legislation would be … Continue reading this entry

Top 5 Mistakes Employers Make with Their Employee Handbooks

As 2016 winds down and a new year approaches, now is a great time for employers to think about their employee handbooks and employment policies in general.  As employers go about that thought-process, here are a few common mistakes employers should try to avoid: (1) Self-Regulation:  Employers often include items in handbooks that are not … Continue reading this entry

A Possible New Year’s Hangover for Multistate Employers With California Employees

California
Multistate employers with headquarters located outside California may wake up to a rude surprise on January 1, 2017, as a result of a new California Labor Code law affecting their employment agreements with California employees. California Labor Code Section 925 applies to employment contracts with employees who live and work primarily in California, prohibiting such … Continue reading this entry

Legal Considerations for Employers during Election Years—Part I

According to the Texas Secretary of State, 73.75% of the voting age population in Texas is registered to vote this year.  Tex. Sec’y of State, Turnout and Voter Registration Figures (1970-current), available here.  Frankly, an even higher percentage probably has an opinion about a candidate or issue, regardless of whether they will cast a vote.  … Continue reading this entry

Connection to Someone With a Disability is Nearly Identical to an Actual Disability

As disability discrimination and accommodation claims continue to rise across the country, an appellate court in California may have just helped significantly expand such claims in the future by finding that an employee can maintain a suit for “associational” disability discrimination based on the disability of his son.… Continue reading this entry

Huge Jury Award in Pregnancy Discrimination Case – But Will It Stick?

Causing waves to travel through the legal community, a California jury has recently ordered a woman’s former employer to pay her $186 million in punitive damages. In the case, the woman claimed that she had been demoted after becoming pregnant and was terminated after she complained about gender and pregnancy discrimination. The jury set punitive … Continue reading this entry

Bullies at Work? It’s Time to Take Action Because It May Be More Common Than You Think

EEOC
You may recall some recent high profile stories in the media involving teenagers committing suicide as a result of being bullied by their peers. However, bullying is not limited to the playground or teenagers engaged in social media. Recent surveys indicate that bullying is also prevalent in the workplace. For example, a survey commissioned earlier … Continue reading this entry

California Is Becoming Even More Employee-Friendly

Since becoming governor of California in January 2011, Jerry Brown has signed a number of significant employee-friendly laws, placing an ever-growing burden on California employers. This article will briefly summarize many of the laws. Misclassification of Independent Contractors (Effective January 1, 2012) This law prohibits any employers from willfully misclassifying employees as independent contractors and … Continue reading this entry

Non-Competition v. Unfair Competition in California

We all know that California does not permit enforcement of non-compete agreements. Despite this broad prohibition, the federal court’s recent decision in Richmond Technologies, Inc. v. Aumtech Business Solutions, No. 11-CV-02460-LHK, 2011 WL 2607158 (N.D. Cal. July 1, 2011) confirms another overriding general rule: courts do not like deceptive behavior of former employees – even … Continue reading this entry