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 will discuss the basic parameters of the rule, its potential
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 Additionally, employers with preexisting noncompete agreements must notify employees that these agreements are no longer valid. Here is what you need to know. What
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 geographic boundaries of San Francisco, and who have 20 or
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 resolve their disputes through the “efficient, streamlined procedures” of arbitration.
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 that employers must provide seats if any tasks at a
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 related to claims of harassment or discrimination on the basis
DIY for Business Podcast: Protecting Your Company with Guest Jon Babione
The best attorneys keep you out of lawsuits and are there for you if someone does file a complaint. Our goal is to help business owners set up policies to avoid lawsuits given new labor laws that are popping up, especially now with safety regulations and distributed workforces. Listen to the DIY for Business Podcast: Protect Your Company episode where
SB-1383’S IMPACT ON BUSINESSES
by Alexandra P. Saddik and Jonathan R. Babione On September 17, 2020, Governor Newsom signed SB 1383, expanding the California Family Rights Act (“CFRA”). Under the original CFRA, employers with 50 or more employees were required to provide 12 weeks of job-protected leave in any 12-month work period to employees who need time off to care for a family member.
COVID-19 UPDATE: CALIFORNIA AND FEDERAL GOVERNMENT POLICY CHANGES
by Alexandra P. Saddik and Jonathan R. Babione As we head into the fall season, government policies regarding management of the pandemic have changed. Here are the updates that could impact businesses: FEDERAL Payroll Tax Holiday: On August 8, 2020, President Trump signed an executive order allowing businesses to defer payment of payroll tax obligations from September 1, 2020 through
CALIFORNIA TRUCKING ASSOCIATION WINS PRELIMINARY INJUNCTION IN AB-5 LAWSUIT
by Alexandra P. Saddik and Jonathan R. Babione On January 16, 2020, the United States District Court for the Southern District of California granted the California Trucking Association (CTA) a preliminary injunction enjoining the state from enforcing AB-5 to motor carriers operating in California. AB-5 codifies the ABC test in the California Supreme Court’s Dynamex decision. Under this law, with
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