An employee with access to customer lists and other key business information leaves the company. You want to enforce your confidentiality agreement, but with the recent restrictions on non-competition/non-solicitation clauses, there’s not much you can do to stop them from using it – right? WRONG! California employers should be forward looking and act now to
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Potential New Rules for Freelance Contracts
The Freelance Worker Protection Act is a significant new bill currently sitting on Governor Newsom’s desk, awaiting a signature or veto. Also known as SB 988, the bill is designed to safeguard the rights of freelance workers in California. Here’s a breakdown of what this means for freelancers and hiring parties:
Who is a Freelance…
New Los Angeles County Fair Chance Ordinance Imposes Obligations on Employers
Starting September 3, 2024, employers must comply with involved new requirements if they wish to consider criminal backgrounds in making hiring or promotional decisions for positions that will perform work in any unincorporated area of Los Angeles County. The requirements — imposed by the County’s Fair Chance Ordinance — will be significantly more burdensome for…
Join Us for a Webinar on Employment Class Actions: Strategies & Success Stories
Employment class actions can be daunting. Many of you are expected to stay abreast of trending class action risks, implement prevention efforts and manage high-stakes litigation. We can help.In this complimentary webinar on September 18, 2024 from 9 am to 11 am PT, you’ll discover successful strategies to help protect your business and effectively respond…
Pay Attention to Those California City Boundaries
We know that many cities in California have their own minimum wages. And we also know that several of those cities had minimum wage increases in July 2024, including: Alameda, Berkeley, Emeryville, Fremont, Los Angeles (City), Los Angeles County (unincorporated areas), Malibu, Milpitas, Pasadena, San Francisco, and Santa Monica.
We also know (or should…
Proposition 22 Survives: App-Based Rideshare and Delivery Companies May Continue to Properly Classify Drivers as Independent Contractors in California!
In a substantial win for app-based rideshare and delivery companies, the California Supreme Court unanimously upheld California Proposition 22 as constitutional on July 25, 2024.
California Ballot Initiative Proposition 22 (“Prop. 22”), officially known as the “Protect App-Based Drivers and Services Act,” passed in the November 3, 2020, general election with nearly 10 million…
85% Discount on PAGA Claims
The PAGA reform (click here for a full analysis) caps penalties at 15% or 30% for employers that take “all reasonable steps” to comply with the law. This cap is especially meaningful when plaintiffs demand seven figures for alleged PAGA violations. This means that every California employer should immediately conduct a [privileged] wage-and-hour…
Practical Issues with Implementation of Workplace Violence Prevention Plans
Now that California employers have their Workplace Violence Prevention Plans (WVPP) in place (as of July 1) some grey areas have come up that warrant awareness and discussion.
- Some employers have had the foresight to create a Dedicated Workplace Violence Hotline (with the help of IT staff), in advance of July 1 and were able
…
Junk Fee Ban Now Exempts Restaurant Surcharges
A last-minute, emergency bill, SB-1524, was signed into law over the weekend by Governor Newsom. SB-1524 effectively modifies SB-478, the so-called junk-fee ban, which became effective today. As discussed, the exemption detailed under SB-1524 allows restaurants, bars and other food service businesses to continue to add mandatory fees (including service fees, surcharges and others)…
PAGA Reform Deal In Place!
California’s legislative leaders and Governor Newsom reached an agreement on reforms to the Private Attorney Generals’ Act which will change the landscape of PAGA going forward. PAGA has cost businesses billions of dollars in penalties and legal fees over the course of 20 years. With the new deal, business group leaders have finally secured long-awaited…