SV Employment Law Firm PC

Browse By Topic

Uncategorized

US Congress Allows Plaintiffs Alleging #MeToo Claims to Invalidate Predispute Arbitration Agreements

Posted By: on

The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 was signed into law by President Biden on March 3, 2022.

On February 10, 2022, the US Senate passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the “Act”).  The Act already passed the US House, and it is expected President Joe Biden will sign it into law.  In brief, the Act will amend the Federal Arbitration Act (FAA) to allow a plaintiff who alleges a sexual harassment or sexual assault claim to invalidate a predispute arbitration agreement.(more…)

California Supreme Court – Important New Law on Retaliation Claims

Posted By: on

On January 27, 2022, in Lawson v. PPG Architectural Finishes, Inc., No. S266001,___ Cal.5th ___, the California Supreme Court made it harder for employers to prevail on whistleblower retaliation claims by embracing the more employee-friendly analytical framework set forth in California Labor Code section 1102.6.(more…)

OSHA Issues Emergency Temporary Standards Mandating Covid-19 Vaccines or Weekly Testing For Unvaccinated Employees Working For Large Companies

Posted By: on

On November 4, 2021, the Occupational Safety and Health Administration’s (OSHA) long awaited emergency temporary standards (ETS), effective November 5, 2021, were announced establishing requirements for employers with 100 or more employees company-wide to enforce regarding vaccination, masking, and testing for COVID-19.  The ETS require large employers to either mandate vaccines for all employees or institute weekly testing for unvaccinated employees. (more…)

2022 Employment Laws – New California Statutes to Consider

Posted By: on

In 2022 there will be a host of new California labor and employment laws that employers must navigate as they review and update their policies and practices. This post highlights key pieces of legislation that are due to take effect in the new year. Unless otherwise noted, all new laws discussed below will be effective as of January 1, 2022.(more…)

California’s Silenced No More Act – New California Law Will Expand Confidentiality Prohibitions

Posted By: on

On October 7, Governor Newsom signed S.B. 331, the Silenced No More Act (“Act”), into law.  The Act will take effect January 1, 2022.  Existing California law limits the use of non-disclosure agreements (“NDAs”) to settle already-filed claims alleging assault, discrimination, harassment, or retaliation on the basis of sex.  The Act expands the law to include any legally protected basis.  The Act also clarifies that NDAs cannot be used in certain employment agreements (including bonus or separation agreements) to prevent or restrict the disclosure of factual information related to unlawful acts in the workplace.(more…)

FDA Approves First COVID-19 Vaccine-What This Means For Employers

Posted By: on

The Federal Drug Administration’s (“FDA”) approval of the Pfizer-BioNTech COVID-19 vaccine clears the way for employers hesitant to mandate vaccines authorized under the FDA’s Emergency Use Authorization (“EUA”) to now require employees receive an FDA approved vaccine.(more…)

California Supreme Court Confirms Non-Discretionary Compensation Must be Included in the Calculation of the Regular Rate of Compensation for Premium Wages Paid for Missed Meal and Rest Breaks

Posted By: on

The Ferra Decision

On July 15, 2021, the California Supreme Court unanimously held in Ferra v. Loews Hollywood Hotel, LLC that meal and rest break premiums must be paid at the “regular rate of pay,” which includes all non-discretionary payments. The decision has significant ramifications for California businesses, and highlights the urgent need for employers to review their meal and rest period practices to ensure compliance.(more…)

Update for California Employers – There are New Emergency Regulations For The Handling Of COVID-19 Issues

Posted By: on

On November 30, 2020, the Office of Administrative Law of the State of California approved a new set of Cal/OSHA emergency regulations that require employers to protect workers from hazards related to COVID-19.  These regulations went into effect immediately and dramatically increase employers’ obligations in the ongoing battle against COVID-19. (more…)

California Court of Appeal Finds Overbroad Confidentiality Agreements Can Violate California’s Ban on Restrictive Covenants and be Grounds to Overturn an Arbitration Award

Posted By: on

The California Court of Appeal recently ruled that a confidentiality provision in an employment agreement that restrains competition violates California’s non-compete statute (California Business & Professions Code § 16600) and, when an arbitrator does not address this violation of public policy, it is grounds to overturn an arbitration award. (more…)

Scroll Back to Top