California law famously bans employee noncompetition agreements, under a statute enacted in 1872. As of January 1, 2024, new amendments to this age-old statute provide clarity about what is—and is not—enforceable....more
On August 24, 2023, the U.S. Department of Justice (DOJ) filed a complaint against Space Exploration Technologies Corporation (SpaceX) for its alleged violations of the Immigration and Nationality Act’s (INA) prohibition on...more
On July 17, 2023, the California Supreme Court ruled that where an employee has brought a California Private Attorneys General Act (PAGA) action that is comprised of both individual and non-individual claims, a court order...more
7/20/2023
/ Arbitration ,
Arbitration Agreements ,
CA Supreme Court ,
Class Action ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Federal Arbitration Act ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
Viking River Cruises Inc v Moriana
In its recent McLaren Macomb decision,1 the National Labor Relations Board (NLRB) issued a ruling finding unlawful the type of nondisparagement and confidentiality provisions employers use in severance agreements with their...more
California and New York City are joining Colorado and Washington state in imposing pay range disclosures in job postings. On November 1, 2022, covered employers will be required to include the salary range in a job posting...more
10/24/2022
/ California ,
Disclosure Requirements ,
Employer Liability Issues ,
Human Resources Professionals ,
Job Descriptions ,
New Legislation ,
New York ,
Pay Data ,
Pay Transparency ,
Popular ,
Reporting Requirements ,
State Labor Laws ,
Wage and Hour
On August 6, 2021, the U.S. Securities and Exchange Commission (SEC) approved the proposed rule change submitted by The Nasdaq Stock Market LLC (Nasdaq) to adopt new listing rules establishing a disclosure-based framework...more
On June 17, 2021, the California Occupational Safety and Health Standards Board voted to approve certain revisions to the Division of Occupational Safety and Health’s (Cal/OSHA’s) COVID-19 Emergency Temporary Standards...more
On May 18, 2021, Santa Clara County's Public Health Department issued a new order focused on safety measures designed to reduce the spread of COVID-19. The order became effective May 19, 2021, when the county entered the...more
5/28/2021
/ Business Continuity Plans ,
California ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Health and Safety ,
Human Resources Professionals ,
Infectious Diseases ,
Policies and Procedures ,
Vaccinations ,
Wage and Hour ,
Workplace Safety
With the passage of Proposition 22 in the November 3, 2020, general election, California's gig economy scored a victory over the state's efforts to classify app-based rideshare and delivery company workers as employees rather...more
On September 30, 2020, California Governor Gavin Newsom signed legislation mandating representation of underrepresented communities on the boards of publicly held corporations based in California. This new law, known as...more
On March 18, 2020, President Trump signed the Families First Coronavirus Response Act (the Act). The Act is one of several federal government efforts to stimulate the economy and mitigate the economic harm to individuals and...more
Two recent cases have found that employee non-solicitation agreements, at least in the form many companies currently use, are unlawful in California. In AMN Healthcare, Inc. v. Aya Healthcare Services, Inc., 28 Cal. App. 5th...more
Once again, California's Supreme Court has underscored that California employment law can differ from federal law in significant, and typically more employee friendly, ways. In Douglas Troester v. Starbucks Corporation,1 a...more
In one of its most important employment law decisions in decades, the U.S. Supreme Court has ruled that an employer's use of a class or collective action waiver (class waiver) in a mandatory employment arbitration agreement...more
5/23/2018
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Epic Systems Corp v Lewis ,
Ernst & Young v Morris ,
Fair Labor Standards Act (FLSA) ,
Federal Arbitration Act ,
Murphy Oil v NLRB ,
NLRA ,
NLRB ,
Remand ,
Reversal ,
Savings Clause ,
SCOTUS
California's Supreme Court has issued a decision making it harder for companies to classify California workers as independent contractors. In Dynamex Operations West, Inc. v. Superior Court, the court adopted a broad...more
In a decision receiving nationwide media coverage, the U.S. Court of Appeals for the Ninth Circuit has held that an employer cannot defeat a federal Equal Pay Act claim by relying on an employee's prior salary, whether alone...more
California has joined a growing number of cities and states seeking to advance gender pay equity by passing laws prohibiting employers from asking job applicants about their salary histories.1 Effective January 1, 2018,...more
In this issue:
- Digital Advertising Alliance Releases Guidance on the Application of Its Self-Regulatory Principles to the Mobile Environment
- TCPA Update: Recent Decisions and Significant Upcoming Change to...more
9/24/2013
/ CalOPPA ,
Data Brokers ,
Fair Credit Reporting Act (FCRA) ,
Federal Trade Commission (FTC) ,
Mobile Apps ,
Mobile Devices ,
Privacy Laws ,
Privacy Policy ,
Proposed Legislation ,
Social Media ,
Social Media Policy ,
TCPA
In this issue:
- European Data Protection Law: Breach Notification Requirements – A Global Approach
- FTC Announces $1 Million Penalty for Children’s Privacy Violations by Fan-Club Website Operator
- Company...more
11/16/2012