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 ...
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Updates
Ninth Circuit Rules Arbitration Agreements Can Be Required as a Condition of Employment
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 ...
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Six Must-Know Considerations and Requirements When Offering Commissions
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 ...
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How California Employers Have Handled Competition in the Absence of Non-Compete Agreements
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 ...
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New Year – New PAGA Strategies
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 ...
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DIR Releases FAQs Regarding New Pay Transparency Law
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, ...
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Employers, Don’t Give Your Employees Grief Over Taking Bereavement Leave
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 ...
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Time May Be Running Out on Employer Rounding Practices
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 ...
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