Business Transactions
The Governor has recently signed several important bills into law that will impact employers across California. These new laws expand existing anti-discrimination protections and employee rights. Here’s a breakdown of the key changes that will go into effect January 1, 2025: AB 1815: Expanded Protections for Race AB 1815 modifies the definition of “race” under…
In this edition, we delve into a crucial piece of legislation impacting California employers—the Private Attorneys General Act (“PAGA”)—and recent changes to the law. What is PAGA? PAGA allows employees to sue their employers for labor code violations. Essentially, it deputizes employees to enforce labor laws that the Labor and Workforce Development Agency (“LWDA”) might…
The landscape for independent contractors in California has significantly changed following the enactment of Assembly Bill 5 (AB5). AB5, which went into effect on January 1, 2020, codified and expanded the “ABC test” to determine whether a worker is classified as an independent contractor or an employee. This article provides a refresher on the ABC…
Last November, we sent a newsletter previewing certain cases before the Supreme Court. Specifically, we summarized the matters most likely to “directly impact the employment law or healthcare law sectors on a day-to-day basis.” Well, the results are now in—let’s take a look at how things shook out and what impact the decisions could have. …
Today, we’re highlighting three recent cases that address an essential aspect of arbitration proceedings: the timely payment of the arbitrator’s fees. These cases are a cautionary tale, because failing to pay on time can result in severe consequences, including losing your right to arbitrate at all. Paying versus Mailing Doe v. Superior Court (2023) 95…
The California Court of Appeal recently issued a ruling in Kader v. Southern California Medical Center, Inc. that clarified the scope of arbitration agreements addressing sexual-harassment claims. First, let’s review the dates—because the timing matters in this new case and for employers with arbitration agreements. The employee, Kader, and the employer, Southern California Medical Center, Inc., initially…
Most of our updates focus on substantive changes to the law impacting employers and those in healthcare. This update is for you, too, but it looks at a new procedural change should you be in litigation. In the next few days, we anticipate seeing our first wave of “initial disclosures” now required in most new…
This is just a friendly reminder to ensure you were aware of the February 14, 2024, deadline regarding non-compete notices. As we outline in our prior newsletter, California Assembly Bill 1076 requires employers to provide notices to current and former employees (hired after January 1, 2022) if their contracts contain non-compete clauses or if the…
With e-signatures becoming ubiquitous for employers, we want to alert employers using electronic on-boarding processes about a recent Federal district court case in California: Zamudio v. Aerotek, Inc.. Employee Denies She Signed Arbitration Agreement A staffing agency, Aerotek, placed Zamudio with Caterpillar, Inc. in California. In 2019, Zamudio signed the onboarding documents through an electronic…
A chiropractor contemplating selling a practice must consider more than just the sale price and closing date. For example, chiropractors who sell their practices must be careful to avoid abandoning their patients, must be mindful of patient records, and must ensure they have a qualified buyer. Plus, to protect everything you have worked so hard…
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