On April 23, 2024, the Federal Trade Commission issued a new rule banning most noncompete clauses in employment contracts (the “Rule”). The Rule makes almost all existing noncompete agreements (with very narrow exceptions) unenforceable and prohibits employers from entering into new non-competes with any employee. The Rule becomes effective 120 days following its publication in…
Every New Year seems to bring with it many new legal obligations for California employers, and this year is no exception. It is accordingly time for California employers to review their policies and practices to ensure compliance with the new laws that, unless otherwise specified, go into effect January 1, 2024. Below is a summary…
On July 1, 2023, the Freelance Worker Protections Ordinance (the “Ordinance”) went into effect in the City of Los Angeles and imposes additional requirements on businesses hiring independent contractors on top of what is already required by California’s infamous “ABC Test.” Who qualifies as a “Freelance Worker”? The Ordinance only applies to independent contractors who…
Effective today, August 1, 2023, the U.S. Citizenship and Immigration Services (USCIS) has published new and revised versions of the Form 1-9 Employment Eligibility Verification Documents. Employers are required to use the Form I-9 to verify the identity and employment authorization of individuals hired for employment in the United States. A completed Form I-9 is…
On July 17, 2023, the California Supreme Court, in Adolph v. Uber Technologies, Inc., provided guidance regarding the handling of representative actions under PAGA where the plaintiff’s individual PAGA claims are compelled to arbitration. Detour – What is PAGA? In 2004, the California Legislature enacted the Private Attorney’s General Act (“PAGA”), authorizing “aggrieved” employees to…
On January 11, 2023, The California Labor Commissioner’s Office released new Frequently Asked Questions (“FAQs”) clarifying the California Equal Pay Act’s pay scale transparency requirements that became effective January 1, 2023. See our prior post on the new pay transparency law here. The most relevant FAQs for employers are listed below. The pay transparency law…
Every New Year brings with it many new legal obligations for California employers, and this year is no exception. That means it’s time for California employers to review their policies and practices to ensure compliance with the new laws that, unless otherwise specified, go into effect January 1, 2023. Below is a summary of some…
SB 1162: Pay Transparency On September 27, 2022, California Gov. Gavin Newsom signed Senate Bill 1162, a broad new pay transparency and pay scale disclosure law that, among other things, requires employers to include pay ranges in all job advertisements beginning on January 1, 2023. Pay Scale Disclosure Requirements: Starting on January 1, 2023, SB…
This morning brought some good news to California employers. In a major victory, the U.S. Supreme Court held today, in Viking River Cruises, Inc. v. Moriana, that an individual’s claims under California’s Private Attorneys General Act (PAGA), the California law that authorizes “aggrieved” employees to file lawsuits against an employer on behalf of themselves and…
What is a meal or rest period premium? If an employer fails to provide an employee with a meal or rest period in accordance with California law – meaning, the meal or rest period is missed, cut short, interrupted, taken late, or is not duty-free – the employer must pay the employee one additional hour…