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Federal Judge Overrules FTC’s Non-Compete Ban

Yesterday, a federal judge blocked the FTC’s attempt to restrict employers from entering into non-compete agreements with employees and other contractors. In issuing her decision, Judge Ada Brown determined that […]

Essential Steps to Prepare for the FTC’s Non-compete Ban

(Effective September 4, 2024) The Federal Trade Commission’s (“FTC”) new rule prohibiting non-compete provisions will officially take effect on September 4, 2024. Our firm previously sent out an update regarding […]

Effective July 1, 2024: California Workplace Violence Prevention Plan Requirement

Pursuant to SB 553, starting on July 1, 2024, California employers must establish, implement, and maintain a Workplace Violence Prevention Plan. This requirement is related to California employers’ requirement to […]

Effective July 1, 2024: Salary Basis Threshold for FLSA Exempt Employees increases to $43,888 annually

Starting on July 1, 2024, the Department of Labor’s (DOL) final rule increasing the salary basis threshold for certain “white-collar exemptions” will go into effect. Starting on July 1, 2024, […]

Utah’s #MeToo Law:

Utah Prohibits Confidentiality Provisions that Restrict the Disclosure of Sexual Assault and Sexual Harassment Earlier this year, Governor Cox signed into law House Bill 55, which amends the Utah Antidiscrimination […]

Responding to the FTC’s Non-compete Ban

Last month, the Federal Trade Commission (FTC) issued its final rule, banning non-compete provisions (the “Rule”). The new Rule will not yet go into effect until 120 days after its […]

DOL Updates Independent Contractor Classification Rule

The Department of Labor (DOL) recently updated its rule on the proper classification of Independent Contractors. The new rule goes into effect on March 11, 2024. Employee vs. Independent Contractor […]

2024 California Employment Law Update

As California employers prepare to enter 2024, they should be aware of the many new employment laws that will go into effect in the new year. Below are summaries of […]

It’s Time for California Employers to Update their Proprietary Information and Invention Agreements (PIIAs)

As most California employers know, non-compete provisions have been void in California under Section 16600 of the Business and Profession Code. This year, California has taken additional measures against non-competition […]

Top 10 Tips in 2023 For Your Employee Handbook

Top 10 Tips in 2023 For Your Employee Handbook The employee handbook is one of the most important and powerful tools to help employers avoid employer liability and ensure compliance […]

EEOC Issues New Guidance on Harassment in the Workplace

On September 29, the U.S. Equal Employment Opportunity Commission (EEOC) issued its proposed “Enforcement Guidance on Harassment in the Workplace.” The proposed guidance is available for review online, and the […]

DOL Proposes an Increase to the Salary Level Thresholds for Exempt Employees

On August 30, the Department of Labor issued a Notice of Proposed Rulemaking (NPRM) that significantly increases the earning requirements for the salary level test for the FLSA’s “white-collar” exemptions […]

NLRB Increases Scrutiny of Employee Handbooks and Workplace Rules and Policies

Last week, the National Labor Relations Board (NLRB) issued a ruling in Stericycle Inc., 372 NLRB No. 113 (2023) (“Stericycle”), that significantly impacts employers’ implementation of workplace rules and policies. […]

Remote Work Policies & Employer Expenses

As many employees have returned to the workplace in the last year, a large portion of the workforce still continues to work remotely. Nearly 40% of employees work in either […]

USCIS Announces New Form I-9 and a New Remote Verification Procedure for E-Verify Employers

Over the last few months, U.S. Citizenship and Immigration Services (USCIS) has left employers in the dark without any new guidance in the lead-up to the expiration of its relaxed […]

US Supreme Court Clarifies Religious Accommodation Requirements for Employers

Last month, the US Supreme Court released a number of impactful decisions, including one with an updated clarification on employers’ requirements to provide religious accommodations. In Groff v. DeJoy (2023), […]

Compliance with the Pregnant Workers Fairness Act

Starting last week, the Equal Employment Opportunity Commission (EEOC) is now accepting charges under the recently enacted Pregnant Workers Fairness Act (PWFA). Although pregnant workers have previously been protected under […]

California Employment Arbitration Law Ruled Invalid by the Ninth Circuit

California attempted to prohibit employers from imposing mandatory arbitration provisions as a condition for employment in 2019 by enacting Assembly Bill 51. Under this law, employers could not require either […]

New Federal Employment Protections for Pregnant Workers and Nursing Mothers

President Biden signed the Consolidated Appropriations Act on December 23, 2022, thereby adopting both the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers Act […]

California Further Limits Employer Use of Applicant and Employee Criminal Background Checks

California employers who choose to utilize criminal background checks during their hiring process should be aware of recently proposed regulatory changes to § 11017.1 of the California Fair Employment and […]

New Pay Transparency Requirements for Job Listings of Washington-Based Employers

Effective January 1, 2023, Washington State’s Equal Pay and Opportunities Act (the Act) now requires certain employers to conform with pay transparency requirements for job listings. The State Department of […]

Changes to Expect in California Employment Law in 2023

California passed several employment laws this year, most of which go into effect January 2023. Employers should both be aware of and prepared to comply with these changes come the […]

Recent California Law Imposes New Obligations on Employers regarding Employee and Contractor Pay

California Governor Gavin Newsom recently signed The Pay Transparency for Pay Equity Act, S.B. 1162. The California law imposes new requirements on California employers regarding reporting and disclosing pay data […]

OSHA Publishes Emergency Temporary Standard regarding Mandatory COVID-19 Vaccination and Testing

On November 5, 2021, OSHA issued a controversial Emergency Temporary Standard (ETS) regarding mandatory COVID-19 vaccinations or testing for many employers. The ETS generally applies to employers with 100 or […]

Ninth Circuit Vacates Preliminary Injunction Against California Law That Restricts Employers’ Use of Mandatory Arbitration Agreements

A recent Ninth Circuit decision regarding a California law may cause California employers to re-think whether to include arbitration clauses in employment contracts. California Assembly Bill (AB) 51, which was […]

AB 685 Requires Employers to Comply with New COVID-19 Reporting Requirements

A recently passed California law requires employers to comply with stringent COVID-19 reporting requirements when an employee has a confirmed positive case of COVID-19, or an outbreak occurs at an […]

Small Businesses Now Covered by Expanded California Family Rights Act

California recently passed SB 1383, extending family care and medical leave rights under the California Family Rights Act (CFRA) to employees working for all employers with five or more employees. […]

President Trump Signs Families First Coronavirus Response Act

On March 18, 2020, the President signed the Families First Coronavirus Response Act which includes the Emergency Family and Medical Leave Expansion Act and the Emergency Paid Sick Leave Act […]

California Supreme Court Issues Decision Regarding Compensable “Hours Worked”

The California Supreme Court has issued a decision providing a multi-factored test to be used in determining whether an employer should count an activity as compensable “hours worked.” The court’s […]

Change to Joint Employer Rule

On January 12, 2020, the Department of Labor has issued its Final Rule on determining joint employment status. The rule will go into effect on March 16, 2020. The Fair Labor Standards Act (FLSA) states that when an employee does work for an employer that also benefits another person, that person will be considered as a joint employer when they act directly or indirectly in the interest of an employer in relation to the employee. The DOL has now adopted a four-factor test to help determine whether or not someone is acting directly or indirectly in the interest of an employer in relation to an employee.

California’s AB 51 Restricts Use of Mandatory Arbitration Agreements

With Governor Newsom’s signing of Assembly Bill (AB) 51 on October 10th, California took a significant step to prohibit the use of mandatory arbitration in employment agreements.

The Bill was enacted for the stated purpose of “ensur[ing] that all persons have the full benefit of the rights, forums, and procedures established in the California Fair Employment and Housing Act and the Labor Code,” without real or feared retaliation for refusing to consent to the waiver of those rights and procedures.

UPDATE-California Governor Signs Bill Redefining Employees and Independent Contractors

Last month the California legislature passed Assembly Bill 5 (AB-5) in an attempt to update and rework the landscape of California employment law. The bill, which was passed by both the Assembly (56-15) and the Senate (29-11), was signed by Governor Newsom on September 18, 2019 who had previously declared his support for the changes.

California Lawmakers Redefining Employees and Independent Contractors

Last week the California legislature passed Assembly Bill 5 (AB-5) in an attempt to update and rework the landscape of California employment law. The bill, which was passed by both the Assembly (56-15) and the Senate (29-11), is now in the hands of Governor Newsom, who has previously declared his support for the changes.

California Governor Begins Extending Paid Family Leave Benefits

In June of 2019 Governor Newsome signed California Senate Bill 83, thereby extending the benefit eligibility period for Paid Family Leave under the Stade Disability Insurance program.  The benefit period […]

Gig Workers as Independent Contractors

With the ever-increasing prevalence of service providers working for virtual marketplace companies, there has been ambiguity regarding these workers’ status as employees vs independent contractors under the Fair Labor Standards […]

Ninth Circuit Holds that New Employee vs. Independent Contractor Test Applies Retroactively

A May 2, 2019 decision by the Ninth Circuit Court of Appeals has made it clear that the “ABC” test, used to distinguish between employees and independent contractors, will be […]

DOL Announces Proposals Regarding Exempt Employee Compensation

The Department of Labor (DOL) announced two rule proposals in March of 2019 regarding the compensation of Exempt Employees under the Fair Labor Standards Act (FLSA).  Below is a brief […]

Change in the Legality of Non-Solicitation Agreements

Generally speaking, non-competition provisions have long been illegal in California employment contracts.  As stated in the California Business and Professions Code (BPC): “Except as provided in this chapter, every contract […]

Validity of Prior Salary as a Reason for Pay Differential

In a February 28, 2019 decision, the U.S. Supreme Court reversed the Ninth Circuit’s ruling in Rizo v. Yovino, overturning the pay-equity ruling which held that employers cannot justify wage differentials […]