SUTTON | HAGUE

On October 1, 2021, new provisions took effect within NRS 613.195, Nevada’s primary statute governing the enforceability of employee covenants not to compete. The new provisions—that result from the passage of Assembly Bill 47—have changed the legal landscape with respect to non-compete agreements, and have left many employers wondering whether they can continue to use and enforce these agreements with […]

SHLC attorneys Brett Sutton and Jared Hague talk about the recent developments relating to California’s AB 51 mandatory arbitration agreement law. Listen to the podcast below: You may also read our prior blogs on AB 51 by clicking here

On September 27, 2021, Governor Newsom signed AB 1033 into law to include leave to care for a parent-in-law within the definition of family care and medical leave. Last year, SB 1383 amended and expanded the California Family Rights Act (“CFRA”) to apply to small California businesses. For more information, read our blog on SB 1383 here and listen to […]

On September 15, 2021, in the case of Chamber of Commerce of the U.S., et al. v. Bonta, et al., No. 20-15291 (9th Cir. Sept. 15, 2021) (read the decision here), the U.S. Court of Appeals for the Ninth Circuit issued a decision regarding the future of California’s AB 51, which regulates employer use of mandatory arbitration agreements. The Ninth […]

On June 15, 2021, in Ferra v. Loews Hollywood Hotel, LLC, the California Supreme Court held that the term “regular rate of compensation” means the same as the “regular rate of pay” and not the employee’s base hourly rate. This holding is important for California employers because it means that premiums for non-compliant rest, recovery and meal periods must be […]

On March 19, 2021, Governor Newsom signed SB 95, which requires California employers with 25 or more employees to provide additional supplemental paid sick leave for COVID-19 related reasons to their California workers. The obligation to provide the new paid leave begins on March 29, 2021, but requires retroactive pay back to January 1, 2021 to employees who took leave […]

The California Department of Fair Employment and Housing (DFEH) opened its new Pay Data Reporting Portal on February 16, 2021 to assist employers in complying with California’s Pay Data Reporting Law that was enacted late last year. Under the new law (Govt. Code section 12999), private employers with 100 or more total employees, with at least one employee in California, […]

On November 30, 2020, Cal/OSHA published a set of “Emergency Temporary Standards” that created new obligations and prohibitions on the part of California employers. Although “temporary,” they will likely be in force through at least May 2021, and potentially longer. You can access our blog on these temporary standards here. On December 1, 2020, Cal/OSHA published a list of Frequently […]

On January 14, 2021, the California Supreme Court issued a long-awaited opinion regarding whether its prior ruling adopting the “ABC Test” for determining independent contractor status applies retroactively. The Court answered in the affirmative, providing finality to a question that had been lingering for nearly three years. (Download a copy of the Supreme Court’s opinion here.) Relevant Background In April […]

Since the outset of the COVID-19 pandemic, California employers received guidance from a variety of State and federal agencies on the subject of whether, how and when employers can require employees to submit to viral testing for COVID-19. Adding an additional layer of complexity, on November 30, 2020, Cal/OSHA published emergency regulations that create a deluge of new obligations and […]