fbpx

Uncategorized

Can an Out-of-State Employer Enforce Non-Compete and Non-Solicit Agreements for California Employees?

Restrictive covenants like non-compete and non-solicit agreements are largely unlawful in California. California Business and Professions Code section 16600 voids any “contract by which anyone is restrained from engaging in a lawful profession, trade, or business or any kind[,]” and California courts have repeatedly held that except in narrow circumstances, restrictions like non-competes and non-solicits

Can an Out-of-State Employer Enforce Non-Compete and Non-Solicit Agreements for California Employees? Read More »

Man harassing his female colleague at work

Federal Court Rules that all Claims in a Sexual Harassment Case are Shielded from Arbitration

In March 2022, President Joe Biden signed the bipartisan Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“EFAA”). The Act provides that an employee alleging sexual harassment or assault may pursue their case in court, rather than in arbitration, regardless of any pre-existing arbitration agreement. Since its enactment, courts have been silent as

Federal Court Rules that all Claims in a Sexual Harassment Case are Shielded from Arbitration Read More »

Calculating business expenses

The California Supreme Court Holds That Premium Pay for Missed Meal or Rest Periods Constitutes Wages for Purposes of Pay Stubs and “Waiting Time Penalties”

On May 23, 2022, the California Supreme Court finally resolved the issue of whether premium pay for missed meal and rest periods constitutes wages such that they give rise to claims for waiting time penalties and inaccurate wage statements. In short, it does. In Naranjo v. Spectrum Security Services, Inc., the Court of Appeal had

The California Supreme Court Holds That Premium Pay for Missed Meal or Rest Periods Constitutes Wages for Purposes of Pay Stubs and “Waiting Time Penalties” Read More »

Agent working

Federal Court of Appeals Upholds California Law Barring Employers from Requiring Arbitration as a Condition of Employment.

In October of 2019, California Governor Gavin Newsom signed Assembly Bill 51 (AB 51) into law.  AB 51 states that”[a] person shall not, as a condition of employment, continued employment, or the receipt of any employment-related benefit, require any applicant for employment or any employee to waive any right, forum, or procedure for a violation

Federal Court of Appeals Upholds California Law Barring Employers from Requiring Arbitration as a Condition of Employment. Read More »