In California, few industries are as heavily regulated as is the insurance industry. California has perhaps the strongest insurance laws in the nation designed to protect its policyholders, including regulations to ensure that carriers have sufficient resources to pay claims, to control the manner in which premiums are calculated, and to regulate specific language within…
The California legislature has been busy. There are numerous new and significant employment laws effective January 1, 2020. Employers should take note of the following key developments and should review their policies and practices—preferably with counsel—to ensure they are in compliance so as to limit any potential exposure. Minimum Wage and Minimum Salary Basis Increase (Labor…
There is potentially some more bad news for California employers affected by the recent wave of “independent contractor” decisions. The California Court of Appeal recently held that the ABC test as outlined in the 2018 California Supreme Court Dynamex decision applies retroactively to pending litigation on wage and hour cases. The opinion in Gonzales v.…
The Court of Appeal concluded that many of the disputed wage and hour claims in an underlying lawsuit are potentially subject to coverage under an employment practices liability insurance (“EPLI”) policy despite a wage and hour exclusion. Southern California Pizza Company, LLC (“SCPC”) was named as a defendant in a putative class action lawsuit alleging…
As many business owners are aware, the California Supreme Court recently threw employers a serious curveball with respect to how employers must calculate overtime. Adding to the confusion, the Court stated employers should have been aware of this calculation method even though the same California Supreme Court declared it void over 20 years ago.
The EEOC shows no signs of slowing down when it comes to its strategic enforcement of federal workplace discrimination laws. Indeed, EEOC litigation picked up in the fiscal year ended September 30, 2018, and the agency just held a major public hearing in October to emphasize the attention its placing on workplace harassment.
The #MeToo movement has certainly had an impact on how employers do business in California. But even before this, California was long considered to be a trailblazer in the area of sexual harassment law. Indeed, California’s Fair Employment and Housing Act mirrors Title VII and employers in other states often look to sexual harassment cases…
California’s stringent laws against the enforcement of non-compete agreements and non-solicitation agreements between employers and employees are well-known. Put simply, non-compete agreements and non-solicitation agreements regarding the solicitation of customers are not enforceable, but non-solicitation agreements regarding the solicitation of other employees may be enforced within limited circumstances.
For many businesses, intellectual property is the glue that holds the company together. These assets provide financial – and job – security for many. With this in mind it’s a wonder that so many companies do not have invention assignments in place.
California just passed the California Consumer Privacy Act of 2018, expanding the data privacy rights of California residents in an unparalleled step. All employers should be aware of the Act and prepared to meet its requirements come January 1, 2020, the date it goes into effect. Put simply, the Act provides consumers who are defined…