The allure of doing business in California is undeniable. It is the world’s fifth largest economy (moving toward fourth) and a market of more than 39 million people. For employers
Continue Reading Doing Business in California Guide (updated for 2024)Employment Litigation
Employers Must Adapt to New Demands for Disclosure in California Employment Lawsuits
An important new discovery tool – demands for disclosure — are available for use in California state court employment lawsuits filed from January 1, 2024, and later. The demands significantly…
Continue Reading Employers Must Adapt to New Demands for Disclosure in California Employment LawsuitsMandatory Arbitration Agreements Are Ok
After four long years of litigation, AB 51, intended to prohibit mandatory arbitration agreements, has been permanently enjoined. California companies may rejoice in a rare win allowing enforceable arbitration agreements…
Continue Reading Mandatory Arbitration Agreements Are OkRetaliation Claims Will Be Even Easier to Allege in 2024
I have often said to clients that retaliation claims in California are the easiest claims to allege and the hardest claims to defend. Regardless of the statute, a retaliation claim…
Continue Reading Retaliation Claims Will Be Even Easier to Allege in 2024Pay Your Arbitration Fees on Time or Forfeit Arbitration
You’ve taken the right steps. You prepared and rolled out an enforceable arbitration agreement to your employees. Not surprisingly in California, you were sued. The Plaintiff, by force or voluntarily…
Continue Reading Pay Your Arbitration Fees on Time or Forfeit ArbitrationEmployers Using Restrictive Covenants Face Greater Risk Come the New Year!
Employers who sign employees up to noncompetition agreements or other restrictive covenants or seek to enforce the agreements — even when employees enter into the agreements outside California in a…
Continue Reading Employers Using Restrictive Covenants Face Greater Risk Come the New Year!PAGA Dischargeable in Bankruptcy?
Portions of employer liability in California PAGA actions are dischargeable in bankruptcy under a bankruptcy court decision issued this summer. Specifically, employers’ liability for the 25% share of PAGA penalties…
Continue Reading PAGA Dischargeable in Bankruptcy?Take These Smart Steps to Reduce Risk, Build Defensible Terminations, and Stress Less!
This post is part of Experience Matters, a series drawing on my 30+ years of defending employers in California employment litigation. The series highlights actions you can take to reduce…
Continue Reading Take These Smart Steps to Reduce Risk, Build Defensible Terminations, and Stress Less!California’s Ban on Non-Competes is Catching On
As my New York colleagues write here, the New York Legislature just passed a bill that would prohibit non-competition agreements between employers and employees. If signed by Gov. Kathy…
Continue Reading California’s Ban on Non-Competes is Catching OnALERT: CHANGE IN LAW – RETALIATION PROTECTION NOW GIVEN TO EMPLOYEES COMPLAINING OF KNOWN VIOLATIONS
The New Rule: Employees are given whistleblower protection for lodging complaints of violations already known to the employer.
While California courts have already granted employees with broad whistleblower protection…
Continue Reading ALERT: CHANGE IN LAW – RETALIATION PROTECTION NOW GIVEN TO EMPLOYEES COMPLAINING OF KNOWN VIOLATIONS