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by Michelle R. Ferber and Julie Ann Giammona In AMN Healthcare Inc. v. Aya Healthcare Services, Inc., the Court of Appeal for the Fourth Appellate District held that non-solicitation agreements are void unless they fall within one of the three statutory exceptions found in Business & Professions Code Sections 16601 – 16602.5 relating to the sale of goodwill in a

by Michelle R. Ferber and Julie Ann Giammona California has passed a myriad of new laws that will become effective January 1, 2019 that expand employer liability for sexual harassment. Below is a brief summary of each law. SB 1300 Under current law, the California Fair Employment and Housing Act (FEHA), provides that an employer can be liable for sexual

by Michelle R. Ferber and Julie Ann Giammona Last month, the Ninth Circuit concluded that the California Labor Commissioner’s use of the common-law Borello standard to determine employment classification was not preempted by the Federal Aviation Administration Authorization Act (“FAAAA”). In California Trucking Association v. Su, the court determined that the Labor Commissioner could apply California common law to truck

by Michelle R. Ferber and Julie Ann Giammona A California appeals court recently underscored the importance of avoiding piece rate and/or commission based systems of pay by concluding that a Technician Compensation Program (TCP) where each technician was guaranteed an hourly rate of pay above minimum wage for every hour worked is lawful (and does not equate to a piece