One of the new bills recently passed (AB 749) prohibits standard “No Rehire” provisions in settlement agreements and general releases. These provisions typically read something like this:
No Future Employment. Employee agrees that she will not seek employment or any other remunerative relationship in the future with the Company, or with any
How will AB-5 impact franchise relationships in California? What steps can franchisors take to best protect their interests in California in a post-Dynamex, post AB-5 landscape? These are some of the questions Tami McKnew and I will be answering in a Webinar on October 28, 2019. It’s free, and we hope you will join
In Salazar v. McDonald’s Corp., the plaintiff argued that McDonald’s, a franchisor of fast food restaurants, was liable for wage and hour violations as a “joint employer” of its franchisees’ employees. Last week, a panel of the federal Ninth Circuit Court of Appeals rejected that argument.
The court relied on the California Supreme Court’s
The California Consumer Privacy Act (CCPA) takes effect in 2020, imposing strict new data privacy mandates on many companies headquartered inside — and outside — the state’s borders. Is your company among them?
Fox Rothschild’s Privacy & Data Security team has developed a free, easy-to-use online tool — CCPA Scope Adviser — that can help
Today, Governor Newsom signed AB 5 into law, drastically altering how millions of Californians are paid and drastically altering the legal analysis involved in distinguishing between “employees” and “independent contractors.” Daniel Kitzes and Brian Casillas have prepared a thoughtful analysis of this new law. You can read it here.
If you have workers in
As part of my practice focusing on labor & employment counseling, I have developed a passion for helping entrepreneurs set up their businesses and create their corporate cultures. All while navigating the bevy of employment laws! Next week, I have the great honor of joining Kourtney Kardashian, Giuliana Rancic and a roster of awesome
In 2018, California passed numerous pieces of legislation in response to the #MeToo movement that expanded the obligations of employers to provide sexual harassment prevention training. SB 1343 is one such piece of legislation that went into effect this year and requires that all California employers with five or more employees provide at least two
“Unconscionability” is alive and well, as last week the California high Court renewed its 30-year running dog fight with the U.S. Supreme Court over the enforceability of arbitration agreements. In One Toyota of Oakland v. Kho (“OTO”), the California Court struck down an arbitration agreement as “unconscionable,” and allowed an employee to proceed
Humans are not unbiased observers and decision makers. I’m not talking here about prejudice based on protected categories. I’m talking more generally about systemic flaws in how our brains interpret and act upon information. Take for example the Ebbinghaus Illusion. There are two red circles in the image below. While people consistently see the left