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

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

We’ve been blogging about attacks on workplace arbitration for over ten years now. (See, for example, this October 2009 post.) AB 51 represents the latest attempts by plaintiffs’ attorneys to ensure that their clients have continued access to employee-friendly juries, rather than to arbitrators with experience understanding and applying the relevant law. We’ve written

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

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

On October 10, 2019, California Gov. Gavin Newsom signed Assembly Bill 51 into law, prohibiting employers from requiring employees to sign mandatory arbitration agreements as a condition of employment. You can read our take on the new law here. Tomorrow, we’ll discuss reassessing the pros and cons of mandatory employment arbitration. So stay tuned.

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

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