September 23, 2019 - Legislation

As State Cannabis Approval Grows Higher, When Can You Fire?

For decades, many employers have categorically prohibited marijuana use given its illegal status under federal law. With a growing number of state and localities legalizing marijuana and creating protections for marijuana users, many employers have been left wondering whether they can continue to lawfully …›

January 31, 2019 - Legislation

PAGA: A Call To Arms

Whatever good intentions its proponents may claim, the Labor Code Private Attorneys General Act of 2004 (PAGA) created perverse incentives for plaintiff’s lawyers to file representative actions seeking civil penalties for violations of the California Labor Code on behalf of all “aggrieved employees” of …›

December 17, 2018 - Legislation

California Says #MeToo with SB 1300: The Impact on Employers

A California bill that has emerged from the #MeToo movement and is likely to increase employers’ costs and exposure in defending harassment claims will take effect on January 1, 2019. As briefly discussed in our October 2018 Employment Law Commentary, California Governor Jerry …›

November 26, 2018 - Legislation

Are Employee Non-Solicitation Clauses Still Legal In California?

The Fourth District Court of Appeals in San Diego on November 1, 2018, issued AMN Healthcare Inc. v. Aya Healthcare Services Inc., in which it called into question the continuing viability in California of employee non-solicitation clauses found in many employment contracts and proprietary …›

October 30, 2018 - Legislation

Annual California Legislative Recap

Another year has passed in the California Legislature, with new laws and amendments affecting California employers. Among the more significant changes, bills prompted by the #MeToo movement, including the new requirement that corporate boards of directors include women, have been passed. Other …›

June 5, 2017 - Legislation

“On The Seventh Day He (She) Rested” . . . Maybe

It took 124 years, but the California Supreme Court in Mendoza v. Nordstrom, Inc., No. S224611, 2017 WL 1833143 (Cal. May 8, 2017) finally addressed in detail California’s day-of-rest statutes (Labor Code Sections 551, et seq.) originally enacted in 1893. Such a seemingly simple …›

May 5, 2017 - Legislation

San Jose Thinks It Knows The Way

The Economic Policy Institute has reported that, in 2016, as many as 4 million workers nationwide wanted but were unable to obtain full-time work. While some have debated these numbers, the City of San Jose, California, has attempted to tackle the issue with a …›