If you face a demand that you sign a pre-dispute arbitration agreement, seek legal counsel.
US Supreme Court Overturns Ninth Circuit Ruling on Class Arbitration – FAIR Act Introduced in Congress
California-Headquartered Public Companies Must Include Women as Directors by 12/31/2019
New Requirement in Corporations Code – Public Companies Must Include Women as Directors The California Legislature recently added Section 301.3 to the California Corporations Code. To comply with this new law, publicly-held corporations must have specific minimum numbers of female directors on their boards of directors. This applies only to…
Anti-SLAPP Law: Not Applicable to Arbitration
Overview of Anti-SLAPP California’s Anti-SLAPP law protects against low-merit lawsuits designed to chill exercise of “a person’s right of petition or free speech” about “a public issue”. Example: If a person sues their former employer for having engaged in systemic wage discrimination and employer files a “counter-suit” with frivolous claims…
Non-Competition and Non-Solicitation In California: Court of Appeal Upholds Public Policy Supporting Right to Pursue Profession
California Strongly Supports Individuals’ Rights To Pursue Their Profession In AMN Healthcare, Inc. v. Aya Healthcare Services, Inc., employer AMN sued former employees (nurse recruiters) whom had quit to work for Aya Healthcare. The Fourth Appellate District agreed with the trial court’s determination, siding with the nurse recruiters, that California…
New California Employment Laws for 2019: Limitations On Post-Dispute Gag Clauses For Harassment Claims
Recent amendments to California employment law change the rules for resolving sex harassment litigation. In our prior post on SB 1300, we looked at a number of substantive changes strengthening California anti-harassment law. Here, we look at three recent changes to California (and note a federal law) that impact confidentiality…
New California Employment Laws for 2019: SB 224 Amends the Unruh Act’s Anti-Harassment Law.
California Anti-Harassment Laws Strengthened by SB 224.
New California Employment Laws for 2019: SB 1300 Amends FEHA, Broadening California Anti-Harassment Law.
California enacted several new laws for 2019 relating to sexual harassment. We will examine some of these new laws in the coming weeks. The first and most important bill enacted was Senate Bill 1300. SB 1300 changes and broadens the Fair Employment and Housing Act. The Legislature here sends a…
California Workers Presumed to be Employees Under New Dynamex “ABC” Classification Test
New California authority controls classification of workers as employees versus independent contractors. Under the recent Dynamex decision, California workers will now be regarded as “employees” rather than “independent contractors” unless a three-part test is met by the company. Dynamex Worker Classification Change: Dynamex is a courier service that classified its…
New Employment Laws for 2018
California Employment Law continues to evolve. This is a summary of new laws and amendments for 2018. New California Laws and Amendments: Minimum Wage Increase. 0-25 employees: increase from $10 to $10.50 per hour. 26+ employees: increase from $10.50 to $11 per hour. SB 3. Parental Leave (Small Employers). California…
Right to Seek Public Injunctive Relief Is Unwaivable in California
Last month, the California Supreme Court held that an arbitration agreement that bars right to seek public injunctive relief is unenforceable as contrary to California public policy. In McGill v. Citibank, N.A., the Court distinguished between class action waivers (and the waiver of the right to public injunctive relief. The Court held that…