RECENT POSTS
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
Legislative Update 2020: Sexual Harassment Training for Janitorial and Construction Workers
Last in our series of California’s legislative updates is a summary of bills aimed at sexual harassment in the janitorial and construction industries: Assembly Bill 547: Authorizes the DLSE to Compile a List of Qualified
California AB 5; and Differences Between Franchises and Other Business Arrangements
California Assembly Bill 5 (2019) California Governor Gavin Newsom signed into law Assembly Bill 5 (“AB-5”). AB-5 codifies into California’s Labor Code the “ABC test” for determining employee or independent contractor status, as adopted by
California 2020 Legislative Update – Settlement Agreements and Leaves of Absence
Today our employer focused legislative update zeroes in on “no rehire” provisions in settlement agreements, expansion of benefits to employees who donate organs, and care for a family member: Assembly Bill 749: Prohibits Settlement Agreements
California’s Hair-Raising Employment Laws: 2020 Legislative Update
Continuing with our legislative update, today we will offer insights into new bills expanding the Department of Fair Employment and Housing’s (DFEH) authority and the Fair Employment and Housing Act’s (FEHA) protected categories. Senate Bill
2020 Legislative Update: The Return of the California Labor Commissioner
California Governor Gavin Newsom recently signed bills that substantially expand the Labor Commissioner’s authority to cite employers and adjudicate employee claims: Senate Bill 688: Permits the Labor Commissioner to Cite an Employer for Failure to
2020 Legislative Update: Lactation Accommodation
California’s 2019 legislative session recently ended, leaving employers with a number of new laws requiring compliance starting January 1, 2020. To assist employers, we are publishing a series of blogs, each dedicated to a new
“No More Arbitration for You!” – Part 2
In our previous blog we wrote about California’s Assembly Bill 51, which largely impacts arbitration agreements by prohibiting employers from requiring employees or applicants for employment to agree to arbitrate claims for FEHA (Fair Employment and Housing
“No more arbitration for you!”: The California #MeToo Affect Continues
California Governor Gavin Newsom signed groundbreaking legislation largely impacting mandatory arbitration agreements (Assembly Bill 51) and extending the deadline to file a harassment complaint from one to three years (Assembly Bill 9): Assembly Bill 51
Franchisors are “Lovin’ It”
In a win for franchisors, the Ninth Circuit recently affirmed the district court’s summary judgment in favor of fast-food behemoth McDonald’s Corp., ruling that the franchisor is not a joint employer of its franchisees’ workers