SEVERANCE AGREEMENTS INCLUDING CONFIDENTIALITY AND NON-DISPARAGEMENT CLAUSES ARE IN JEOPARDY, INCLUDING FOR PAST AGREEMENTS WITH EMPLOYEES We have been writing about the risks of using boilerplate provisions in agreements. Non-disparagement clauses and confidentiality clauses in employee severance agreements are included. Why? The federal National Labor Relations Act (“NLRA”) protects employees’...
The Pregnant Workers Fairness Act: What Does That Mean For Employers? There are two new pregnancy-related federal laws, the Pregnant Workers Fairness Act, (“PWFA”) and the Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”), expanding federal protections for both pregnant and nursing mothers. While some of the Acts’...
NON-COMPETE AGREEMENTS KEEP GETTING STRUCK DOWN AS TOO BROAD When someone buys a business, the new owners typically want the prior owners not to compete. Those types of non-compete agreements have typically been enforceable if the business owner selling had at least 15% ownership in the company. But, for the...
Los Angeles City - Permanent Residential Renter Protections after COVID On April 3rd LA extended as permanent some of the COVID renter protections and enacted new ones.[1] Landlords can evict for at-fault reasons, which are included in the LA Housing reference list[2], as well as some no-fault reasons[3]; but cannot...
SEVERANCE AGREEMENTS INCLUDING CONFIDENTIALITY AND NON-DISPARAGEMENT CLAUSES ARE IN JEOPARDY, INCLUDING FOR PAST AGREEMENTS WITH EMPLOYEES The National Labor Relations Act (“NLRA”) protects employees' rights to discuss the terms and conditions of their employment, including confidentiality and non-disparagement clauses in settlement agreements. However, most severance agreements contain a confidentiality clause...
Los Angeles City Employee Postings and Requirements – New Ones The City of Los Angeles is special. Besides a new minimum wage coming July 1, 2023 of $16.78 (yes, check your payrolls), the Fair Work Week Ordinance (“FWWO”) took effect on April 1, 2023, which imposes new requirements on retail...
ChatGPT Is Changing the Business World What Does That Mean for The Future of Your Business? ChatGPT is a HOT TOPIC as it can research and write things for you. It was developed by research institute OpenAl and was opened for the public to use for free as artificial intelligence...
U.S Court of Appeals Back East Says PTO is NOT Salary In the case of Higgins v Bayada Home Health, the Third Circuit Court of Appeals, a federal court covering Delaware, New Jersey, Eastern/Middle and Eastern Pennsylvania, says paid time off (“PTO”) is not salary for purposes of the Fair...
New Relaxed Covid Isolation Requirements The California Department of Public Health (“CDPH”) revised the COVID guidelines to match the federal Centers for Disease Control and Prevention (“CDC”) recommendations for Isolation and Precautions for People with COVID-19: •Employees can leave isolation after five days if they are feeling well,...
Highly Compensated Employees Paid Daily Are Entitled To Overtime Breaking News: The Supreme Court ruled today that highly compensated employees are eligible for overtime pay. The Supreme Court ruled in the case of Helix Energy Solutions Group v. Hewitt that because a former employee was paid on a daily basis...