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Latest from California Employment Law
The Legal Norms are A-Changin’ in the Post #MeToo Era
The #MeToo movement is two years old this month, and what a profound cultural shift it has been. Workplace conduct that just a few years ago was tolerated, ignored, overlooked, and even condoned, has now been forbidden. The list of top executives, journalists, celebrities and others whose careers and reputations have been decimated gets longer each week (sometimes it feels like each day, depending on the news cycle).
I reflected on these changing norms in…
Top 10 List of California’s Newest Employment Laws
Our Labor & Employment team has been busy this fall! As loyal readers, your inboxes have been filled with our updates on all the changes to California employment laws. This legislative session ended on October 14th, so we thought it would be helpful to recap the changes you should have on your radars. These new laws will take effect January 1, 2020, unless otherwise noted. Here are some of the highlights, with links to more…
Options for Limitations on Rehire in Settlement Agreements Given AB 749
One of the new bills recently passed (AB 749) prohibits standard “No Rehire” provisions in settlement agreements and general releases. These provisions typically read something like this:
No Future Employment. Employee agrees that she will not seek employment or any other remunerative relationship in the future with the Company, or with any of the Released Parties, nor will the Company or any related entity be obligated in any way to provide Employee with…
CA Cannabis Companies With 20+ Employees Must Certify They Have “Labor Peace”
As of January 1, 2020, licensed cannabis companies in California with 20 or more employees will have 60 days to certify that they’ve entered into a “labor peace agreement” with a “bona fide labor organization.” Otherwise, they can lose their licenses. What does that mean?
First, some background. In 2017, California enacted the Medicinal and Adult-Use Cannabis Regulation and Safety Act. MAUCRSA spells out the requirements for cannabis companies wishing to become licensed by the…
What’s Behind the Battle Over Workplace Arbitration?
We’ve been talking a lot about employment arbitration since the passage of AB 51. We’ve discussed the bill itself, and we’ve reassessed the pros and cons of workplace arbitration since its passage. But what’s all the fuss about? It seems that every legislative session in California, we get a new bill attempting to do away with pre-dispute arbitration agreements. Sometimes similar measures come from the Senate.
The lawyers who represent employees have been fighting…
Time to Reassess the Pros and Cons of Mandatory Employment Arbitration
With the passage of AB 51, which we discussed in yesterday’s post, it’s understandable for employers and HR professionals to be asking if mandatory workplace arbitration still makes sense. After all, according to the new bill set to take effect on January 1, 2020, requiring an employee to sign a pre-dispute arbitration agreement or implementing an arbitration program potentially exposes employers and HR professionals to misdemeanor liability. So is it time to abandon…
California Takes Another Swipe at Mandatory Arbitration Agreements
On October 10, 2019, California Gov. Gavin Newsom signed Assembly Bill 51 into law, prohibiting employers from requiring employees to sign mandatory arbitration agreements as a condition of employment. You can read our take on the new law here. Tomorrow, we’ll discuss reassessing the pros and cons of mandatory employment arbitration. So stay tuned.…
Preserving Your Franchise in the Face of AB-5 (Free Webinar)
How will AB-5 impact franchise relationships in California? What steps can franchisors take to best protect their interests in California in a post-Dynamex, post AB-5 landscape? These are some of the questions Tami McKnew and I will be answering in a Webinar on October 28, 2019. It’s free, and we hope you will join us. You can RSVP here.
The news on AB-5 has been fast and furious in the past few weeks. …
9th Circuit Says McDonald’s Doesn’t Employ Franchisee’s Employees
In Salazar v. McDonald’s Corp., the plaintiff argued that McDonald’s, a franchisor of fast food restaurants, was liable for wage and hour violations as a “joint employer” of its franchisees’ employees. Last week, a panel of the federal Ninth Circuit Court of Appeals rejected that argument.
The court relied on the California Supreme Court’s 2014 decision in Patterson v. Domino’s Pizza that held that a franchisor can be a joint employer “only if it has…