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 Additionally, employers with preexisting noncompete agreements must notify employees that these agreements are no longer valid.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: The Critical Importance Of Timely Paying Your Arbitration Fees Under The California Arbitration Act

By Connor M. Day Employers frequently require employees to sign arbitration agreements as a condition of their employment. In 1961, the California Legislature enacted the California Arbitration Act (“CAA”), codified in Code of Civil Procedure §§ 1280 – 1294.4, as a way to protect the rights of private parties to resolve their disputes through the “efficient, streamlined procedures” of arbitration.

Alert: An Employer’s Guide to Suitable Seating Compliance

By Julie Ann Giammona Most of California’s Industrial Welfare Commission (IWC) wage orders require that employees “shall be provided with suitable seats when the nature of the work reasonably permits the use of seats.” In 2016, for the first time, the California Supreme Court interpreted the IWC requirements to mean that employers must provide seats if any tasks at a