Under California law, non-compete clauses are generally unenforceable: “Except as provided in this chapter, every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void.” (Cal. Bus. & Prof. Code, § 16600(a).) Choice of Law Provisions and Non-Compete Agreements Generally, an employer […]
Are non-compete agreements enforceable in California? Read More »
When a California employee requires a leave of absence, they may be eligible for leave under two key statutes: the California Family Rights Act (CFRA) and the Family Medical Leave Act (FMLA). Although these laws have similarities, they vary slightly in terms of coverage, eligibility requirements, and reasons for taking leave. This blog post explores
CFRA vs FMLA: Understanding the Key Differences Read More »
CFRA, short for the California Family Rights Act, is a California statute that provides eligible employees up to 12 weeks of unpaid, job-protected leave for certain family and medical issues. This blog attempts to answer the most common questions asked by employees who are either on CFRA leave or trying to determine whether they qualify
CFRA Leave: A Guide to the California Family Rights Act Read More »
A California employee has a statutory right to copies of their personnel file, payroll records, and documents they have signed. Several records fall within these broad categories, including performance reviews, disciplinary notices, and forms signed at the time of hiring. Employees can obtain their employment records by submitting a written request to their employer. However,
Personnel File Request Under California Labor Code § 1198.5 Read More »
In its May/June 2023 issue, CAOC Forum published an article by Christa Riggins on the statute of limitations for adult sexual assault claims. This article discusses the expansion of the statute of limitations for adults who suffered damages from sexual assault. It begins with the enactment of new legislation in 2018, which added Section 340.16
Statute of Limitations For Sexual Assault (Article in CAOC Forum) Read More »
Over the last few years, California has significantly expanded leave rights for its workers. Some of the most notable changes have been broadening medical leave coverage to employers with at least five employees (rather than 50) and providing leave to care for an expanded group of individuals (e.g., domestic partners and children of domestic partners).
California Expands Leave Rights to Include “Designated Person” Read More »
Workplace discrimination is a widespread issue that affects many organizations, and California businesses are no exception. In 2021, workers in California submitted almost 4,000 employment discrimination complaints to the Equal Employment Opportunity Commission (“EEOC”), ranking it as the third-highest state in the United States for discrimination complaints. Discrimination in the workplace harms not only targeted
How to Identify and Address Workplace Discrimination Read More »
The Equal Employment Opportunity Commission (“EEOC”) recently reported that approximately 80% of employers are using Artificial Intelligence (“AI”) tools in the recruitment process. These AI tools range from chatbots that contact potential applicants to facial and speech analysis software used during interviews. Companies report that the tools have assisted them in more quickly identifying and
AI Hiring Discrimination: The Dangers of Automated Recruiting Read More »
California continues to expand protections for its workers. From increased minimum wages to bereavement leave rights, here are some of the new employment laws taking effect in 2023. Minimum Wage Increases Starting January 1, 2023, the minimum wage in California will increase to $15.50 per hour. In contrast to previous years, this new rate applies
New Employment Laws 2023: Minimum Wage, Bereavement Leave, and More Read More »
A question that sometimes comes up in my work is whether an employer can ask an employee to work during their FMLA leave. And, more specifically, what communications and requests by an employer are appropriate during a leave of absence. This article answers these questions and provides specific examples of acceptable and unacceptable requests by
Working While on FMLA Leave: What Employers Can and Cannot Ask of You Read More »
