AB 51, which restricts workplace arbitration, was scheduled to take effect on January 1, 2020. On December 30, 2019, US District Judge Kimberly Mueller granted a temporary restraining order to prevent the legislation from taking effect. She did so in response to a lawsuit by the California Chamber of Commerce and other employer groups arguing
Advice & Counseling
Several Trend-Setting New California Laws Challenged in Court (Updated 1/13/20)
By Nancy Yaffe on
Posted in Advice & Counseling
California is known for new employment laws that then trickle out to the east coast, the northwest, and eventually nationwide. Think back to the mandate for sexual harassment prevention training and the roll-out of paid family leave in 2004, and the state-wide statutory sick leave mandate in 2015.
Yet, with new laws also come new…
Court Stops AB 51 (Restricting Workplace Arbitration) From Taking Effect
By Jeffrey D. Polsky on
Posted in Advice & Counseling, Employment Litigation
We’ve noted before that AB 51 – the California legislature’s latest attempt to attack workplace arbitration – has significant legal flaws. On December 30, 2019, US District Judge Kimberly Mueller granted a temporary restraining order to prevent the legislation from taking effect on January 1, 2020. Judge Mueller ruled that the employer groups bringing the…
Our Updated Employer’s Guide to Doing Business in California
By Jeffrey D. Polsky on
Posted in Advice & Counseling
Wondering what to get the little ones for the holidays? How about an up-to-date guide to California’s unique employment laws. Imagine the looks on the little ones’ faces when they see that you’ve gotten a concise, plain-language summary of California’s unique requirements for determining independent contractor status, meal and rest periods, the Fair Pay Act,…
AB-5 (The Law Eviscerating California Employers’ Ability to Hire Contractors) — Blog Post Updated January 4, 2020 is Still Alive and Well
By Nancy Yaffe on
Posted in Advice & Counseling, Wage and Hour
If you were hoping that AB-5 (the CA statute codifying the ABC standard into widespread law) would be held invalid, enjoined, or would just fall off a cliff, it is time to face reality. AB-5 is alive and well, and effective January 1, 2020. That means any California employer who still relies on independent contractors…
Service Charges vs. Gratuities and Why It Matters
By Nancy Yaffe on
Posted in Advice & Counseling, Wage and Hour
Attention hospitality employers. Is that charge you add to a guest check a service charge (typically a set amount added to a guest check in lieu of a tip)? Or an automatic gratuity (such as a set amount for a party of 8 or more)? Or a true tip/gratuity (an actual discretionary amount left by…
Preserving Your Franchise System in the Face of California’s AB5 — Webinar November 20, 2019
By Nancy Yaffe on
Posted in Advice & Counseling
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 reprise of a webinar we first presented on October 28, 2019. Join us on…
The Legal Norms are A-Changin’ in the Post #MeToo Era
By Nancy Yaffe on
Posted in Advice & Counseling, Harassment
The #MeToo movement is two years old this month, and what a profound cultural shift it has been. Workplace conduct that just a few years ago was tolerated, ignored, overlooked, and even condoned, has now been forbidden. The list of top executives, journalists, celebrities and others whose careers and reputations have been decimated gets longer…
Top 10 List of California’s Newest Employment Laws
By Sahara Pynes on
Our Labor & Employment team has been busy this fall! As loyal readers, your inboxes have been filled with our updates on all the changes to California employment laws. This legislative session ended on October 14th, so we thought it would be helpful to recap the changes you should have on your radars. These new…
Options for Limitations on Rehire in Settlement Agreements Given AB 749
By Nancy Yaffe on
Posted in Advice & Counseling, Employment Litigation
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…