Last October, California Governor Gavin Newsom signed Assembly Bill 51 into law, adding Labor Code section 432.6 into the Labor Code. This new section prohibits employers from requiring, as a condition of employment, that an applicant or employee agree to arbitrate claims brought specifically under California’s Labor Code or Fair Employment and Housing Act (“FEHA”).…

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San Diego Physician magazine, a publication of the San Diego County Medical Society, recently published an article authored by Founding Partner Jehan N. Jayakumar on steps medical practices can take to mitigate the risk of a sexual harassment lawsuit. The article discusses Business and Professions Code Section 726 and Business and Professions Code Section 729,…

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California medical groups face increased risks when classifying physicians as independent contractors. The California Supreme Court’s Dynamex Operations West v. Superior Court decision  created a new legal test for determining whether licensed providers should be paid as independent contractors or employees. Many medical groups fail to consult with their legal counsel to ensure that they…

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California employers often require employees to execute non-solicitation agreements with the goal of preventing former employees from poaching their employees.  In a recent decision, the Fourth District Court of Appeals of California called into question the validity of such non-solicitation agreements.  At the heart of the case is Business and Professions Code section 16600, which…

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On July 15, the United States Department of Labor (DOL) issued guidance aimed at curbing the misclassification of employees as independent contractors, saying that most workers qualify as employees under the Fair Labor Standards Act (FLSA) and stressing the statute’s expansive definition of employment. In the DOL’s first “administrator’s interpretation” of 2015, Wage and Hour…

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On June 18, an Orange County jury ruled against internet marketing company eGumball for unlawfully firing and discriminating against their own HR Manager upon her return from maternity leave. The company will pay the plaintiff, Kimberly Perry, more than $538,000 in damages. In February 2013, Perry told her boss, John Bauer, that she was pregnant. …

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The U.S. Supreme Court recently agreed with the Federal Trade Commission (FTC) when it ruled North Carolina’s custom of practicing dentists serving on the state regulatory board was anticompetitive.  The decision in North Carolina State Board of Dental Examiners v. Federal Trade Commission could subject thousands of similarly structured boards to antitrust liability, and brings into…

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