As a result of SB 553, which we blogged about here, on June 1, 2024 most California employers will be required to establish and implement a comprehensive workplace violence prevention plan that includes several new mandates. A Written Workplace Violence Plan That plan must be in writing and must contain the following: Names or job… Read More
Landmark Supreme Court Decision Expands Whistleblower Protections
In a major victory for whistleblowers, the U.S. Supreme Court recently ruled in favor of Trevor Murray, a former UBS employee who was fired after reporting what he believed to be illegal activity. The U.S. Supreme Court’s decision in Murray v. UBS expands protections for whistleblowers under the Sarbanes-Oxley Act (SOX), making it easier for employees… Read More
California Employers Face a Slew of New Employment Laws in 2024
New Laws That Take Effect on January 1, 2024 SB 616 (Paid Sick Leave) SB 616 significantly expands California’s existing state paid sick leave law and provide more generous paid sick leave terms to employees. Under SB 616, an employee is now entitled to a minimum of 5 days or 40 hours of paid sick… Read More
Are “Stay Or Pay” Clauses The New Non-Competes?
Today’s New York Times contains an excellent article on the increasing use of so-called “stay or pay” clauses in employment agreements. Once an employee signs a contract with a “stay or pay” clause, if that employee quits before X months/years (each contract is different), the employee will have to repay the employer for the costs… Read More
California’s Supreme Court Erases Viking River’s PAGA Victory for Employers
The California Supreme Court recently issued its highly anticipated decision in Adolph v. Uber and answered the key question of whether the California courts would follow the U.S. Supreme Court’s ruling in Viking River. The California Supreme Court’s answer was a resounding “NO.” Now, after Adolph v. Uber, an employee whose individual PAGA claims are… Read More
DHS Ends Temporary I-9 Flexibilities Today
The I-9 “temporary flexibilities” that were born out of the COVID emergency expire today. Employers now have 30 days from today — or until August 30, 2023 — to get all of their I-9 forms into compliance for those employees (a) who were hired after March 2020, and (b) whose identification records were not physically… Read More
California Courts are Refusing to Follow the U.S. Supreme Court’s Viking River Decision
California Courts are Refusing to Follow the U.S. Supreme Court’s Viking River Decision, which means that U.S. Supreme Court decision may not offer employers a clever PAGA escape hatch after all.
Employers Beware: Don’t Allow Employees to e-Sign Arbitration Agreements
Many (wise) California employers use arbitration agreements requiring employees to submit any future employment-related dispute to mandatory arbitration. Arbitration is typically favored by employers because it is cheaper, faster, and more private than litigation. There’s also the perception that arbitrators are more conservative and less emotional than jurors, which employers believe translates into more friendly… Read More
The Beginning of the End for California’s Independent Contractor Law AB 5?
California’s strict independent contractor law known as AB 5 – which prohibits businesses from classifying a worker as an independent contractor unless they can pass all three prongs of the stringent “ABC Test” – may soon be a thing of the past. On March 17, 2023, the Ninth Circuit Court of Appeals concluded in Olson… Read More
NLRB Issues Bombshell Ruling on Contractual Non-Disparagement and Confidentiality Clauses
On February 21, 2023, the now Democratically-controlled National Labor Relations Board ruled in McLaren Macomb that the use of confidentiality and non-disparagement clauses in severance agreements violates the federal National Labor Relations Act (“NLRA”) because they restrict workers from engaging in “protected activity.” The Board ruled that the confidentiality clause at issue in McLaren Macomb… Read More