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 will discuss the basic parameters of the rule, its potential
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 employer[.]” In laypersons’ terms, this means that an employer must
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 well as many others. It is critical for employees and
Employment and You in 2022: California Laws and Regulations You Need to Know
The labor and employment legal landscape has changed in 2021. The California legislature and Governor Newsom have enacted many new labor and employment statutes that are important for all California employers to know, impacting key areas such as employee leave, arbitration, and Private Attorneys General Act (“PAGA”) claims. Below is a short summary of 11 of the more important changes
Updates on AB 51 and Its Effect on Arbitration Agreements in Employment Contracts
By Adam Nathaniel Arce Background: AB 51 In 2019, Governor Newsom signed into law California Assembly Bill 51 (“AB 51”). AB 51 has the following effects: Prohibits employers from requiring employees to sign arbitration agreements as a condition of employment, requiring instead that the arbitration agreement be entered into consensually by the parties. Prohibits retaliation or discrimination against an employee
SOME INSIGHT FROM THE CALIFORNIA LABOR COMMISSIONER’S OFFICE: Affirmative Steps Employers Can Take to Encourage Meal Breaks
In a recent victory on behalf of one of our clients, Ferber Law successfully defeated all claims for alleged missed meal breaks. The opinion of the Labor Commissioner provides insight as to what employers can do to create evidence of providing employees with an opportunity to take a meal break and were not discouraged, impeded or otherwise prevented from taking
Cal/OSHA Emergency Standards: Top Three Things Employers Need to Know
by Alexandra Saddik and Jonathan Babione In November 2020, Cal/OSHA released extensive Emergency Temporary Standards that became effective on November 30, 2020. Cal/OSHA continues updating the guidance on implementing these standards, with the latest update occurring on January 8, 2021. Here are the top three things businesses need to know about the Cal/OSHA standards: 1. All businesses must implement a
NEW COVID-19 RESTRICTIONS: WHAT BUSINESSES NEED TO KNOW
by Alexandra P. Saddik and Jonathan R. Babione As you likely know, throughout November, California has been experiencing a steady rise of COVID-19 cases that prompted both state and local governments to impose a new round of restrictions on businesses. Below are summaries of the recent updates from the various state and Northern California agencies. CALIFORNIA State-level COVID-19 restrictions have
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
by Alexandra P. Saddik and Jonathan R. Babione As COVID-19 cases increase in California, both state and local governments continue to issue new policy directives that employers must be aware of. Here is a summary of the recent updates. California: The state recently issued a playbook for employers intended to clarify the policy and procedures for a safe reopening. Apart
