Alerts

The FTC Noncompete Ban Explained

July 3, 2024 On April 23, 2024, the employment industry was rocked by the Federal Trade Commission’s (“FTC”) announcement of a rule called the “Non-Compete Clause Rule.” With some important exceptions, the impact of this rule is to prohibit U.S. employers from including non-compete clauses in employment agreements. Below we

  • #businesslaw, #employmentlaw, #noncompete

Alert: The FTC Non-Compete Ban Explained

April 26, 2024 On April 23, 2024, the employment industry was rocked by the Federal Trade Commission’s (“FTC”) announcement of a rule called the “Non-Compete Clause Rule.” With some important exceptions, the impact of this rule is to prohibit U.S. employers from including non-compete clauses in employment agreements. Below we

  • #employmentlaw, #employmentlaw; #businesslaw, #noncompete

Alert: California Law Renders Noncompete Agreements Virtually Unenforceable

By Adam Nathaniel Arce As of January 1, 2024. California has placed further restrictions on when a California employer can enforce a noncompete language in either a noncompete agreement, or as part of a larger contract. Additionally, employers with preexisting noncompete agreements must notify employees that these agreements are no

  • #businesslaw, #californialaw, #employmentlaw, #noncompete

Alert: California Relaxes COVID-19 Isolation And Testing Requirements

By Adam Nathaniel Arce and Julie Ann Giammona The new year brings long awaited, relaxed isolation and testing guidance from the California Department of Public Health (“CDPH”). This is what a California Employer needs to know. New Infectious Period Definition for Symptomatic and Asymptomatic Cases The COVID-19 infectious period now

  • #covidalert

ALERT: CALIFORNIA PAID SICK LEAVE EXPANSION EFFECTIVE JANUARY 1, 2024

By Adam Nathaniel Arce The Healthy Workplaces, Healthy Family Act of 2014 (the “Act”) provides Paid Sick Leave (“PSL”) to all employees who work for an employer more than 30 days in a year. SB 616, which was just signed into law, modifies the Act to require employers offer additional

  • #PaidSickLeave

ALERT: California’s Retirement Plan Requirements in 2023

By Adam Nathaniel Arce In California, employers who do not sponsor a qualified employee retirement plan are required to participate in the California run program known as CalSavers, which can be found at the following link: www.calsavers.com. There are certain upcoming deadlines relating to CalSavers that employers need to know

  • #RetirementPlan

Alert: Increased Federal Protections for Pregnant Workers

The Federal Government is implementing additional protections for pregnant workers through the Pregnant Workers Fairness Act (“PWFA”) and the Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP For Nursing Mothers Act”). This is what employers need to know. PREGNANT WORKERS FAIRNESS ACT The PWFA, which went into effect on

  • #nursingmothersact, #pregnantworkersfairnessact

Alert: San Francisco Employer Annual Reporting Requirements: Health Case Security Ordinance and Fair Chance Ordinance

All employers covered by San Francisco’s Health Care Security Ordinance and/or the Fair Chance Ordinance are required to submit a 2022 Employer Annual Reporting Form by May 1, 2023. The Health Care Security Ordinance (“HCSO”) applies to employers who have employees who work, either in person or remotely, within the

  • #businesslaw, #employmentlaw

Alert: What California Employers Need to Know About Mandatory Arbitration Agreements Following Chamber of Commerce v. Bonta

On February 15, 2023, the Ninth Circuit Court of Appeals issued its decision in Chamber of Commerce of the United States of America et al. v. Bonta et al. (9th Cir. No. 20-15291), which invalidates California Assembly Bill (AB) 51. This case is the latest development in the long-running litigation

  • #employmentlaw

Alert: Pay Data Reporting, Pay Scales, and How SB 1162 Applies to Your Business

By Adam Nathaniel Arce The California State Senate passed Senate Bill 1162 (“SB 1162”), which modifies the CA Government Code and the CA Labor Code to create new requirements for Employers (large and small) to report, maintain, and/or post information relating to an employee’s pay and pay scales. Pay Data

  • #employmentlaw, #laborcode

ALERT: The Critical Importance Of Timely Paying Your Arbitration Fees Under The California Arbitration Act

By Connor M. Day Employers frequently require employees to sign arbitration agreements as a condition of their employment. In 1961, the California Legislature enacted the California Arbitration Act (“CAA”), codified in Code of Civil Procedure §§ 1280 – 1294.4, as a way to protect the rights of private parties to

  • #businesslaw, #employmentlaw

Alert: An Employer’s Guide to Suitable Seating Compliance

By Julie Ann Giammona Most of California’s Industrial Welfare Commission (IWC) wage orders require that employees “shall be provided with suitable seats when the nature of the work reasonably permits the use of seats.” In 2016, for the first time, the California Supreme Court interpreted the IWC requirements to mean

  • #businesslaw, #employmentlaw

Alert: Remote Work, the Labor Code, and the Increased Costs of Reimbursement

By Adam Nathaniel Arce and Julie Ann Giammona Labor Code section 2802 requires employers to reimburse employees for “all necessary expenditures or losses incurred by the employee as a direct consequence of the discharge of his or her duties, or of his or her obedience to the directions of the

  • #employmentlaw; #businesslaw, #laborcode

ALERT: SENATE BILL 331: SILENCED NO MORE

By Julie Ann Giammona Commencing January 1, 2019, California employers were prevented from including provisions in severance agreements that prohibited an employee from disclosing facts about workplace harassment and discrimination based on gender. Effective January 1, 2022, Senate Bill 331(SB 331), expands such prohibition to include the disclosure of facts

  • #businesslaw, #employmentlaw, #SB331

The Good, The Bad and The Ugly – Part 2: 2022 Employment Law Updates

Join us at Ferber Law’s Annual Employment Law Update. While the pandemic changed our personal and professional lives, there have also been significant changes in both federal and state law regarding COVID, supplemental paid sick leave, the California Family Rights Act, meal and rest break compensation, and 401k requirements as

  • #employmentlaw; #businesslaw