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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
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