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Updates

Patrick White / March 15, 2023

ALERT: NLRB Shakes Up Severance Agreements

Employment Litigation

In a move that impacts employer strategies when implementing both mass layoffs and individual terminations, the National Labor Relations Board ("Board") recently held that an employer violates the National Labor Relations Act ("NLRA") when it extends ...
[Read more] about ALERT: NLRB Shakes Up Severance Agreements

Filed Under: Employment Litigation

Cook Brown / February 16, 2023

Ninth Circuit Rules Arbitration Agreements Can Be Required as a Condition of Employment

Personnel Policies

Updated February 16, 2023 In a win for employers who rely on arbitration agreements to resolve workplace disputes, a panel for the U.S. Court of Appeals for the Ninth Circuit has just ruled that such agreements, when fairly drafted to comply with ...
[Read more] about Ninth Circuit Rules Arbitration Agreements Can Be Required as a Condition of Employment

Filed Under: Personnel Policies

Zachary Rankin / February 15, 2023

Six Must-Know Considerations and Requirements When Offering Commissions

Personnel Policies

In light of the tight labor market, many employers are offering employees the opportunity to increase their income with commission-based pay. There is no fixed formula on commission pay. It can be based upon a percentage of a sale, a dollar amount ...
[Read more] about Six Must-Know Considerations and Requirements When Offering Commissions

Filed Under: Personnel Policies

Lisa V. Ryan / February 15, 2023

How California Employers Have Handled Competition in the Absence of Non-Compete Agreements

Personnel Policies

Updated February 15, 2023 And Why the Rest of the Nation May Soon Follow California’s Ban on Non-Compete Agreements As the federal government considers limiting or prohibiting employee noncompetition agreements, employers doing business in ...
[Read more] about How California Employers Have Handled Competition in the Absence of Non-Compete Agreements

Filed Under: Personnel Policies

Barbara A. Cotter, Partner / January 11, 2023

New Year – New PAGA Strategies

Employment Litigation

More than 5,000 California employers are sued each year for civil penalties under the Labor Code Private Attorneys General Act (“PAGA”). This year promises to be no exception. Already, the state has received notice of hundreds of intended ...
[Read more] about New Year – New PAGA Strategies

Filed Under: Employment Litigation

Alexis Gabrielson / January 10, 2023

DIR Releases FAQs Regarding New Pay Transparency Law

Personnel Policies

The California Department of Industrial Relations recently published FAQs with interpretive guidance on the state’s new pay transparency law. As we detailed in our October legal update, the new pay transparency law went into effect on January 1, ...
[Read more] about DIR Releases FAQs Regarding New Pay Transparency Law

Filed Under: Personnel Policies

Carrie E. Bushman / December 12, 2022

Employers, Don’t Give Your Employees Grief Over Taking Bereavement Leave

Personnel Policies

Key Provisions Effective January 1, 2023, California employers with five or more employees will be required to provide up to five days of bereavement leave to employees who have worked at least 30 days prior to the start of the leave. The ...
[Read more] about Employers, Don’t Give Your Employees Grief Over Taking Bereavement Leave

Filed Under: Personnel Policies

Carrie E. Bushman / December 12, 2022

Time May Be Running Out on Employer Rounding Practices

Wage and Hour

Historically, California courts have upheld the legality of time rounding (where, for example, actual time punches are rounded backwards or forwards to the nearest quarter hour) as long as, overall, the rounding policy/practice is neutral on its face ...
[Read more] about Time May Be Running Out on Employer Rounding Practices

Filed Under: Wage and Hour

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