July 3, 2024 On April 23, 2024, the employment industry was rocked by the Federal Trade Commission’s (“FTC”) announcement of a rule called the “Non-Compete Clause Rule.” With some important exceptions, the impact of this rule is to prohibit U.S. employers from including non-compete clauses in employment agreements. Below we will discuss the basic parameters of the rule, its potential
Alert: The FTC Non-Compete Ban Explained
April 26, 2024 On April 23, 2024, the employment industry was rocked by the Federal Trade Commission’s (“FTC”) announcement of a rule called the “Non-Compete Clause Rule.” With some important exceptions, the impact of this rule is to prohibit U.S. employers from including non-compete clauses in employment agreements. Below we will discuss the basic parameters of the rule, its potential
Alert: California Law Renders Noncompete Agreements Virtually Unenforceable
By Adam Nathaniel Arce As of January 1, 2024. California has placed further restrictions on when a California employer can enforce a noncompete language in either a noncompete agreement, or as part of a larger contract. Additionally, employers with preexisting noncompete agreements must notify employees that these agreements are no longer valid. Here is what you need to know. What
Alert: California Relaxes COVID-19 Isolation And Testing Requirements
By Adam Nathaniel Arce and Julie Ann Giammona The new year brings long awaited, relaxed isolation and testing guidance from the California Department of Public Health (“CDPH”). This is what a California Employer needs to know. New Infectious Period Definition for Symptomatic and Asymptomatic Cases The COVID-19 infectious period now commences at the onset of symptoms. This means employees with
ALERT: CALIFORNIA PAID SICK LEAVE EXPANSION EFFECTIVE JANUARY 1, 2024
By Adam Nathaniel Arce The Healthy Workplaces, Healthy Family Act of 2014 (the “Act”) provides Paid Sick Leave (“PSL”) to all employees who work for an employer more than 30 days in a year. SB 616, which was just signed into law, modifies the Act to require employers offer additional PSL to employees, among other changes. SB 616 becomes effective
ALERT: California’s Retirement Plan Requirements in 2023
By Adam Nathaniel Arce In California, employers who do not sponsor a qualified employee retirement plan are required to participate in the California run program known as CalSavers, which can be found at the following link: www.calsavers.com. There are certain upcoming deadlines relating to CalSavers that employers need to know to avoid incurring penalties. Does CalSavers apply to my Company?
Alert: Increased Federal Protections for Pregnant Workers
The Federal Government is implementing additional protections for pregnant workers through the Pregnant Workers Fairness Act (“PWFA”) and the Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP For Nursing Mothers Act”). This is what employers need to know. PREGNANT WORKERS FAIRNESS ACT The PWFA, which went into effect on June 27, 2023, applies to all employers with at least
Alert: San Francisco Employer Annual Reporting Requirements: Health Case Security Ordinance and Fair Chance Ordinance
All employers covered by San Francisco’s Health Care Security Ordinance and/or the Fair Chance Ordinance are required to submit a 2022 Employer Annual Reporting Form by May 1, 2023. The Health Care Security Ordinance (“HCSO”) applies to employers who have employees who work, either in person or remotely, within the geographic boundaries of San Francisco, and who have 20 or
Alert: What California Employers Need to Know About Mandatory Arbitration Agreements Following Chamber of Commerce v. Bonta
On February 15, 2023, the Ninth Circuit Court of Appeals issued its decision in Chamber of Commerce of the United States of America et al. v. Bonta et al. (9th Cir. No. 20-15291), which invalidates California Assembly Bill (AB) 51. This case is the latest development in the long-running litigation over whether California may prevent employers from requiring arbitration agreements
Alert: Pay Data Reporting, Pay Scales, and How SB 1162 Applies to Your Business
By Adam Nathaniel Arce The California State Senate passed Senate Bill 1162 (“SB 1162”), which modifies the CA Government Code and the CA Labor Code to create new requirements for Employers (large and small) to report, maintain, and/or post information relating to an employee’s pay and pay scales. Pay Data Reporting – Employers with 100 or more employees Government Code