Employment Law Commentary

February 12, 2020 - Legislation
Federal Court Preliminarily Enjoins the Attorney General from Enforcing AB 51, the New California Law Barring Mandatory Employment Arbitration Agreements
By: Nancy R. Thomas, James R. Sigel and Matthew E. Ladew
A federal district court found that the new California law barring mandatory employment arbitration agreements is preempted by the Federal Arbitration Act (FAA). The court granted the challengers’ motion for preliminary injunction and barred the Attorney General (AG) from enforcing Assembly Bill (AB) 51.
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December 31, 2019 - Legislation
Temporary Reprieve for Employers During Challenge to AB 51, New California Law Barring Mandatory Employment Arbitration Agreements
By: Nancy R. Thomas and Matthew E. Ladew
A California federal court has given employers a New Year’s gift, issuing a temporary restraining order preventing Assembly Bill 51—the law barring employers from requiring employees to enter into agreements to arbitrate FEHA and California Labor Code claims—from going into effect. The order will
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December 18, 2019 - Legislation, PAGA
California Issues A New Round Of Employment Laws
By: Andrew R. Turnbull
California employers will be impacted by several new laws signed by Governor Newsom during this past legislative session. Employers should review their policies and procedures in light of these developments, most of which will be effective January 1, 2020. Minimum wages will also increase
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November 14, 2019 - Legislation
In a Long-Anticipated Move, the Trump Administration Revokes Executive Order 13495, Giving Service Contractors More Flexibility when Hiring Predecessor Contractor Employees
By: Andrew R. Turnbull
Andrew Turnbull, Employment + Labor Of Counsel, and Victoria Dalcourt Angle, Government Contracts Associate, co-wrote a blog post detailing the Trump Administration's decision to revoke Executive Order 13495, Nondisplacement of Qualified Workers Under Service Contracts (“EO 13495”), removing the requirement for federal service contractors
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September 23, 2019 - Legislation
As State Cannabis Approval Grows Higher, When Can You Fire?
By: Andrew R. Turnbull
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
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February 01, 2019 - Legislation, PAGA
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
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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
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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
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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 changes include
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June 05, 2018 - Legislation, PAGA
What the Supreme Court’s “Epic” Decision Means for Employers
By: Andrew R. Turnbull
On May 21, 2018, the United States Supreme Court issued its decision in Epic Systems Corp. v. Lewis , holding that waivers of class and collective actions in arbitration agreements are enforceable under the Federal Arbitration Act (FAA). The Supreme Court’s decision resolves a
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