News & Analysis as of

California Employment Contract

Littler

Write It Down: California’s Freelance Worker Protection Act Imposes New Requirements for Engaging Independent Contractors

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Following other states and cities across the nation, California Governor Gavin Newsom signed Senate Bill 988, the Freelance Worker Protection Act (FWPA), into law on September 28, 2024. This new law aims to provide greater...more

Jones Day

Employer Prevails in First Test of California's Newest Noncompete Law

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In the first known case to challenge California's legislative attempt to void noncompete agreements even for employees who do not live or work in California, the First Circuit Court of Appeals upheld the application of...more

Buchalter

The Freelance Worker Protection Act

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On September 30, 2024, Governor Gavin Newsom signed SB 988 into law. The new state law, known as the Freelance Worker Protection Act (“FWPA”), goes into effect on January 1, 2025. The FWPA provides various protections to...more

Clark Hill PLC

DraftKings Case Shows Limited Reach of California’s Noncompete Ban

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It is no secret that California is hostile to noncompetition (noncompete) agreements. As of Jan. 1, 2024, California employers cannot enforce nor enter into noncompete provisions or agreements with an employee or prospective...more

CDF Labor Law LLP

[Webinar] Just When You Thought It Was Safe to Go Back to the Office – The Top 10 Current Legal Headaches for California Employers...

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California employers face a constantly evolving legal landscape, with compliance challenges that can lead to significant financial and operational risks. Join CDF Partners Todd Wulffson and Alessandra Whipple during this...more

Fisher Phillips

New California Law Expands Protections for Freelance Workers: What Employers Must Know + 5 Steps You Can Take to Comply

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California just enacted a new law further expanding protections for freelance workers. Beginning in 2025, private employers who hire certain independent contractors will be required to provide a written agreement specifying...more

Davis Wright Tremaine LLP

California Legislature Sends Bills Regulating AI to the Governor

Last week, the California Legislature passed several bills that, if signed by the governor, will regulate how organizations develop, train, and use artificial intelligence (AI) models, systems, and applications. Of these...more

Sheppard Mullin Richter & Hampton LLP

Attorney’s Fees May Be Recoverable in Trade Secret Cases, Even Without Damages

In California, although the prevailing rule is that each party in litigation must cover their own fees and costs, a litigant can be awarded reasonable attorney’s fees and costs if expressly permitted in a contract....more

Sheppard Mullin Richter & Hampton LLP

California Court of Appeal Rules That Partial Sale of Business Can Bind Seller-Owner to a Noncompetition Agreement

In Samuelian v. Life Generations Healthcare, LLC, — Cal. App. 5th —, 2024 WL 3878448 (Cal. App. Aug. 20, 2024), the California Court of Appeal answered two long outstanding questions of California law concerning the...more

CDF Labor Law LLP

[Webinar] The Californication of Non-Compete Laws – Recent Changes That Impact All Employers Across The United States - June 26th,...

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Join us for an informative webinar on the latest developments in the non-compete agreement arena with two members of CDF’s Unfair Competition & Trade Secret Practice Group: Dan M. Forman, Chair, and Ashley A. Halberda who...more

Proskauer Rose LLP

Future Not Looking Bright For California Employee Nonsolicits

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On Jan. 1, new legislation aimed at curbing the use of unenforceable noncompete agreements took effect in California. The new laws, which impose potentially harsh consequences on employers for requiring employees to sign...more

Stokes Wagner

Employers Must Notify California Employees of Void Non-Competes

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California is not spreading the love to employers this Valentine’s Day. Employers’ deadline to give their California employees a notice that any non-compete agreements are void was February 14, 2024. Employers who fail to...more

Akerman LLP - HR Defense

Non-Compete Clarity: California Employers Must Provide Notice of Non-Competes to Employees By February 14, 2024

New California laws intended to strengthen the state’s long-standing ban on non-competition agreements are set to create immediate headaches for employers in the state that have, or plan to, impose non-compete or non-solicit...more

Manatt, Phelps & Phillips, LLP

California’s Valentine’s Day Surprise: Chocolates, Flowers and . . . Noncompete Notices?

While you’re making reservations and buying flowers for Valentine’s Day, don’t forget to check your company’s confidentiality, non-solicitation and noncompete agreements for violations of California law....more

Mintz - Employment Viewpoints

“What is Love? Baby, Don’t Sue Me: AB 1076 and California’s Quickly Approaching Valentine’s Day Notification Deadline”

This Valentine’s Day isn’t just about romance in California. As a reminder, February 14, 2024 also marks the deadline for employers to show their employees a different kind of love – love in the form of an explicit,...more

Amundsen Davis LLC

California's New Noncompete Notice Requirement

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California Assembly Bill 1076, passed last fall, added a new Business & Professions Code §16600.1. By February 14, 2024, California employers must notify in writing current and certain former employees that any noncompete...more

Wilson Sonsini Goodrich & Rosati

California Extends Prohibition on Noncompete Agreements

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

Seyfarth Shaw LLP

California’s New Love Law: Seyfarth’s Valentine’s Day Legal Update on Non-Competes and Compliance Messages

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Love is in the air. With Valentine’s Day just around the corner, we’re writing to share some heartfelt news about a recent change in California law that might just make your heart skip a beat....more

Morgan Lewis - ML Benefits

Reminder: California Noncompete Deadline Is February 14

Besides being Valentine’s Day, February 14, 2024 is an important day for employers with any California employees: It is the last day for employers to notify California employees (including former employees who were employed...more

Miller Nash LLP

California Employees Must Receive Notice of Noncompete Invalidity by February 14

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Your normal Valentine’s Day to-do list may include a box of chocolates, card, or bottle of wine. This year, for employers with California employees subject to noncompete agreements, add one more task: notices of invalidity of...more

Allen Matkins

This Year Some Employees Will Be Receiving More Than A Valentine's Day Card

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Last year, the California legislature enacted AB 1075 (Bauer-Kahan) which declares it to be unlawful "to include a noncompete clause in an employment contract, or to require an employee to enter a noncompete agreement, that...more

Quarles & Brady LLP

Employers Have New Obligations Under Statute Regulating Noncompete Agreements

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As discussed in a prior alert, newly-enacted California laws governing noncompete agreements require employer action by February 14, 2024. This alert explains the purpose of the new laws, what the notification requirement...more

Ward and Smith, P.A.

The Continued Attack on Non-Competes

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Under California law, it has been the longstanding policy that non-compete restrictions are generally void and unenforceable, subject to narrow exceptions.  At the end of 2023, California signed two more bills into laws to...more

White & Case LLP

Notice May Be Required for California Employees Subject to Non-Competes

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California passed new laws reiterating its prohibition on employment-related non-competition obligations. Assembly Bill 1076, effective January 1, 2024, provides that it is unlawful to include noncompete clauses in employment...more

Stradling Yocca Carlson & Rauth

On The Horizon: Notices Regarding Void Non-Compete Agreements Must Go Out By February 14th

Effective January 1, 2024, California made several adjustments to its non-competition laws to strengthen its general prohibition on such agreements.  Those adjustments included: making non-competition agreements unenforceable...more

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