A new California law concerning employee noncompete agreements and clauses went into effect Jan. 1, 2024, and requires affected employers to take action by Feb. 14, 2024.
The new law, codified at Business & Professions...more
The Ninth Circuit Court of Appeal held that time spent logging in to start employees’ shifts should be compensable....more
The Sixth District California Court of Appeal held that despite evidence of neutrality of a rounding policy, the employer did not meet its burden of proof to show employees were properly compensated for all hours worked....more
The California Supreme Court published its decision in Gustavo Naranjo et al., v. Spectrum Security Services holding that employers who fail to pay for meal or rest break premiums, may also be responsible for waiting time and...more
Many employment settlement agreements include a non-disparagement clause that prohibits one party from spreading lies or rumors and disparaging the other party. A pending California bill (Senate Bill 331) may threaten the...more
The Los Angeles City Council unanimously passed a motion instructing the City Attorney to draft an ordinance that would require individuals to show proof of vaccination to enter public indoor spaces within the geographic...more
On June 28, 2021 Governor Gavin Newsom signed AB 832, which extended California’s eviction moratorium through September 30, 2021....more
If you are an employer in California, you are probably familiar with the various employment peculiarities in the state, such as the five-hour meal rule, four-hour (or major fraction) rest rule, piece rate rules, wage...more
Once in a while, the California Supreme Court makes a ruling which declares unlawful an employment practice previously perceived as lawful. Today, the California Supreme Court in Donohue v. AMN Services, LLC held that...more
In August 2020 Governor Gavin Newsom signed into law the COVID-19 Tenant Relief Act of 2020. Among other protections, the law gave tenants who were unable to pay rent due to COVID-19-related distress for the period September...more
On August 31, 2020, California Governor Gavin Newsom signed an eviction protection law that significantly amends the long-standing procedures for initiating and prosecuting residential unlawful detainer actions based on...more
9/3/2020
/ Cal Code of Civil Procedure ,
Coronavirus/COVID-19 ,
Eviction ,
Executive Orders ,
Financial Distress ,
Governor Newsom ,
Landlords ,
Rental Property ,
Residential Leases ,
State of Emergency ,
Tenants ,
Unlawful Detainer
After several months, California’s Department of Fair Employment and Housing (DFEH) released updated guidance on COVID-19 in the form of FAQs. The new guidance provides answers to many questions employers face when re-opening...more
A recent Court of Appeal decision reminds California employers to review severability provisions within employment arbitration agreements. In Nichole Kec v. Superior Court, a former employee (Kec) brought individual, class...more
On June 26, 2020, the U.S. Department of Labor (DOL) published guidance on when an employee may take leave under the Families First Coronavirus Response Act (FFCRA) to care for their child based on a COVID-19 related closure...more
7/1/2020
/ Business Closures ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employee Rights ,
Employer Liability Issues ,
Families First Coronavirus Response Act (FFCRA) ,
Field Assistance Bulletins ,
Paid Leave ,
School Closures ,
Sick Leave ,
Summer Camps
In April 2020 the Equal Employment Opportunity Commission (EEOC) provided guidance on the types of employee screening employers can perform to prevent the spread of COVID-19 in the workplace. In the April 2020 release the...more
We are now on the road to recovery – and the reopening of our businesses. Although most of us wish it were as easy as turning on a light switch, it will not be an overnight fix or a quick return to normal. Rather, it will be...more
Many California cities (e.g., Los Angeles, Santa Monica, Oakland and San Francisco) have rent control laws that set limits on the amount of rent a landlord may charge a tenant. But not all rental properties are subject to...more
In one of the first executive orders targeting evictions, Governor Gavin Newsom issued an order on March 16, 2020, which lifted restrictions on a local government’s authority to impose limitations on residential and...more
6/3/2020
/ Coronavirus/COVID-19 ,
Eviction ,
Executive Orders ,
Governor Newsom ,
Landlords ,
Moratorium ,
Relief Measures ,
Rent ,
Rental Property ,
State and Local Government ,
Tenants
The threat of statutory attorney fees to a prevailing plaintiff in a wage and hour lawsuit is often leveraged to force settlements from employer defendants. In a welcomed ruling for employers, a California Court of Appeal...more
A well-drafted arbitration agreement is crucial to ensuring claims arising from an employment relationship will be resolved by final and binding arbitration. ...more
On May 6, 2020 the LA City Council passed a new eviction control Ordinance to strengthen the temporary eviction prohibitions enacted March 31, 2020. ...more
Now that we have been sheltering in place for close to two months, most of us are eagerly waiting for life to return to “normal.” We all want our businesses to thrive and to become fully operational again. However, we know it...more
5/11/2020
/ Americans with Disabilities Act (ADA) ,
CARES Act ,
Coronavirus/COVID-19 ,
FEHA ,
Paycheck Protection Program (PPP) ,
Re-Opening Guidelines ,
Reasonable Accommodation ,
Return-to-Work Agreements ,
Screening Procedures ,
Virus Testing ,
Work Schedules ,
Workplace Safety
Screening employees and customers prior to permitting them to enter a business has become the primary method used in an effort to prevent further spread of COVID-19 in the workplace. ...more
4/28/2020
/ Americans with Disabilities Act (ADA) ,
Business Continuity Plans ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employee Privacy Rights ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
FEHA ,
Health and Safety ,
Preventive Health Care ,
Reasonable Accommodation ,
Virus Testing ,
Workplace Safety
On April 14, 2020 the Board of Supervisors for the County of Los Angeles significantly expanded the scope of COVID-19 related eviction restrictions. Whereas a prior executive order applied only to unincorporated areas in Los...more
On April 16, 2020, Governor Gavin Newsom signed an industry-specific Order (Executive Order N-51-20), directing food sector “hiring entities” to provide up to two weeks of supplemental paid sick leave related to COVID-19....more