It’s time to officially break up with your non-compete agreements and tell impacted employees that the relationship status has changed. Recent California laws, Assembly Bill 1076 (“AB 1076”) and Senate Bill 699 (“SB 699”), which revised and added Business and Professions Code sections 16600, 16600.1, and 16600.5, have declared that such agreements are void and that employers clinging to these clauses will be penalized and could be sued by their employees.
Author: Medina McKelvey
Swept under the rug – the California Supreme Court’s Flooring Decision for Employers in Estrada v. Royalty Carpet Mills, Inc.
On January 18, 2024, the California Supreme Court tackled a divergence in appellate opinions regarding whether trial courts have inherent authority to dismiss a PAGA claim based on “manageability.” The Court determined that although trial courts can utilize several methods to effectively manage PAGA claims, they do not have the authority to dismiss such cases outright if they are deemed to be too intricate or time-consuming.
New Year, New Compliance Strategies: Comprehensive Wage Statement Review
As many of you know, California employment law compliance is not about good intentions—it’s about following the rules to the letter of the law. This holds true with employee wage statements (paystubs). Even seemingly minor violations of the Labor Code, like the wrong corporate address, can carry with them crushing penalties. These penalties apply to every employee, for every wage statement, for every pay period for up to a year until the violations are fixed.
Did you miss our 2024 California Legal Updates Webinar? Watch the replay Here
The California Governor has signed several bills impacting employers that go into effect in 2024. If you missed our 2024 California Legal Updates webinar, check out the replay and the slides here, where you’ll learn how they impact your existing policies and handbooks.
When the feelings are mutual
Have you heard the one about the clients who loved their lawyers so much they made a banner? As an oft-maligned profession, attorneys are much more familiar with clients avoiding them than singing their praises, so this was a first for us!
California Minimum Wage Increase for 2024
The California Department of Finance published a letter on July 31, 2023, stating that the state minimum wage, which is currently $15.50 per hour, will be increasing to $16.00 per hour effective January 1, 2024, to account for inflation.
Did you miss our Adolph v. Uber Webinars? Watch the replay Here
On July 17, 2023, the California Supreme Court issued its much-anticipated decision in Adolph v. Uber Technologies, Inc., a case that will affect the landscape of arbitration for years to come.If you missed our webinars on Adolph v. Uber, check out the replay and the slides here, where you’ll learn how to better protect your company from class action and PAGA lawsuits.
California Extends Deadline to Submit Labor Contractor Pay Reports to July But Only By Request
For the first time this year, California is requiring employers to report not only their employees’ pay data but also pay data for individuals hired through labor contractors (i.e., staffing agencies). On an annual basis, these reports will be due the second Wednesday in May for the prior year.
Arbitration as a Condition of Employment: What Employers Can Do Now with the Preemption of AB 51
On February 15, 2023, the Ninth Circuit Court of Appeals delivered another chapter in the arbitration agreement saga playing out in California and across the U.S. in a case called Chamber of Commerce of the U.S. v. Bonta.
New Year, New Compliance REquirements for 2023
As you find your footing in the new year, we wanted to send a quick reminder that it’s a great time to circle back to those best practices we mentioned. Taking care of compliance issues in the first part of the year means you’ll have more time to focus on running your business.