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
Federal Court Blocks Implementation of CA’s Anti-Arbitration Statute AB 51
In a rare win for California employers the Ninth Circuit Court of Appeals recently ruled that AB 51 could not be enforced in California because it unduly burdened the right to agree to arbitration in violation of the Federal Arbitration Act (“FAA”). AB 51 is the California statute that, in effect, prevented employers for asking… Read More
Workplace Legal’s Blog Selected to “Top Employment Law Blogs” List
On February 9, 2023, Feedspot announced that Workplace Legal’s blog had been selected as one of the top employment law blogs in California. Feedspot’s ranking of the “70 Best Employment Law Blogs” lists Workplace Legal at #41, ahead of several national employment law firms. We spend a lot of time here at Workplace Legal staying… Read More
The Best Employee Benefit Employers Don’t Know They Can Offer
Last week, the Federal Reserve reported that American owed $1.76 trillion in student loan debt. For the class of 2021/2022, which is the most recent data available, 53% of students graduated with student loan debt, and the average loan debt was $22,600. According to popular consumer finance site, NerdWallet, the average U.S. household with student… Read More
