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Articles Posted in Employment Arbitration

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Feds Push for National Non-Compete Clause Ban – Similar to California’s Existing Protections

Non-compete clauses (also called California non-compete agreements) affect roughly 25 percent of the U.S. working population – but they aren’t enforceable in California. Meanwhile, they’re a major issue for workers throughout the rest of the country. But that could soon change. For those who may be unfamiliar, a non-compete clause…

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Employment Lawyers Want SCOTUS to be Hands-Off With California Labor Law

The U.S. Supreme Court issued a ruling last month limiting the California state worker protections law. Now, a group of lawyers say the SCOTUS got it wrong, and are imploring the court to hold a rehearing. They are characterizing the ruling in Viking River Cruises v. Moriana as a “gross…

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U.S. Supreme Court Weighing California Labor Law

The U.S. Supreme Court recently heard arguments in a dispute over the California labor law that gives private attorneys the right to pursue litigation on behalf of workers (even if they agreed on their own to arbitrate) and to collect penalties on the state’s behalf for wage and hour violations.…

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California Ban on “No Rehire” Clauses Will Likely Lead to More Retaliation Claims

California may see an increase in workplace retaliation claims since Assembly Bill 749 , which bans no-rehire clauses with limited exception in employment dispute settlements, was enacted this month. Prior to the passage of this bill, it was common practice for companies to settle discrimination or harassment claims with employees…

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California Courts Nix Non-Solicitation Clauses in Employment Agreements

Non-solicitation clauses in California employment agreements have been deemed illegal in California per two recent court decisions. This includes out-of-state employers with California employees. Orange County employment attorneys are encouraging companies to review their employment agreements and consider removing non-solicitation clauses that may be in conflict with state law.  Non-solicitation…

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SCOTUS Hands Huge Pro-Worker Victory to California Truckers in Forced Arbitration Case

The U.S. Supreme Court handed a significant victory to American workers in a case that started as a California employment lawsuit over forced arbitration by independent contractors working in transportation. The decision in New Prime Inc. v. Oliveira was a somewhat surprising outcome given that the court in recent years…

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Criminal Background Inquiries by California Employers Narrows with Approval of SB 1412

Only certain background information of ex-convicts will be searchable for employment now that Governor Jerry Brown has signed SB 1412, which amends Section 432.7 of the California Labor Code. As our Riverside employment attorneys can explain, the measure stipulates that employers conducting criminal background checks on job applicants may only…

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The State of Employee Rights After Supreme Court Decision on Unions

The Supreme Court’s recent decision in the case of Janus v. American Federation of State, County, and Municipal Employees quickly rose to landmark status in employment law. The 5-4 ruling by the high court determined it is unconstitutional to force nonunion workers to pay fees to unions in the public…

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Agent Wants Out of Contract After Claims of Assault

A longtime agent in Tennessee has filed a lawsuit against Los Angeles-headquartered Agency for the Performing Arts alleging a hostile work environment and seeking to be released from his contract. The lawsuit was filed in the U.S. District Court, Middle District of Tennessee. Plaintiff claims executives at the agency have…

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Supreme Court Takes Shot at Employee Class Action Lawsuits

In a 5-4 decision, the U.S. Supreme Court made it significantly harder for workers to join together to stand up against their employer. The highest court in the land determined it is permissible for employers to include language in hiring contracts banning employees from joining class-action lawsuits, according to an…

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