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Employers, in case you were wondering, your employees cannot compete with you
Many California laws seek to restrict the terms and conditions an employer may place on an employee during employment. Yesterday, the California Court of Appeal confirmed that Business and Professions Code Section 16600 is not
Good News for California Employers Following a Difficult 2019 Legislative Session
On January 1, 2020, California businesses faced several new laws that may significantly impact business operations, including AB 5 (codifying the “ABC” test) and AB 51 (restricting the use of mandatory arbitration). On the positive
SECURE Act Creates Need for Estate Plan Review
Congress recently passed the Setting Every Community Up for Retirement Enhancement Act (SECURE Act, or the “Act”) implementing one of the most substantial pieces of retirement plan legislation in years, into law. The bill was
Employers: California Assembly Bill 51 on Hold For Now
We previously highlighted Assembly Bill 51, which prohibits employers from requiring employees or applicants for employment to “waive any right, forum, or procedure for a violation” of the Fair Employment and Housing Act or the
Unlawful, or Just Mean? California Appellate Court Decides Discrimination Case
People with disabilities have legal protections under both federal and state law. California’s Fair Employment and Housing Act (FEHA) prohibits an employer from taking adverse actions against a person because of a person’s disability, perceived
Franchise 101: Open Season for Poaching in Washington; and Corralled Franchise Claims
Franchisor 101: Open Season for Poaching in Washington Washington State’s Attorney General settled a case against sandwich franchisor, Jersey Mike’s, over antipoaching provisions in its franchise agreements. Since 2018, Washington State has made agreements with
The California Consumer Privacy Act: Implications for Business Websites
Effective January 1, 2020, many businesses will be required by California law to amend their website’s privacy policy for California Consumers and to comply with the CCPA (California Consumer Privacy Act). The CCPA, modeled after
Employers, In Case You Were Wondering: Sexual Harassment and Discrimination Do Not Pay Off
Just ask Riot Games, which recently agreed to pay $10,000,000 to settle a class action lawsuit for alleged violations of the California Equal Pay Act, and gender discrimination, retaliation, and harassment. The settlement amount will
Forum Selection Clause Gone Wrong; and Indemnification Woes
Franchisor 101: Forum Selection Clause Gone Wrong A California Court of Appeal held that courts should not enforce forum selection clauses in contracts that also contain a jury waiver. For franchisors that have California franchisees,
Can Your Company’s Arbitration Agreement Survive an Unconscionability Inquiry?
Concluding that TWC Dealer Group, Inc.’s arbitration agreements were both procedurally and substantively unconscionable, California’s First Appellate District’s recent decision highlights certain contractual terms and elements that can invalidate an employment arbitration agreement. Davis, et