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November 22, 2022
Last Wednesday, November 16, 2022, the US Congress passed the S.4524 bill (the “Speak Out Act”) that will limit the use and enforceability of non-disclosure and non-disparagement provisions in pre-dispute agreements with employees and independent contractors relating to sexual harassment and sexual assault allegations. If President Joe Biden signs the bill into law, the bill would render agreements reached before a sexual harassment or sexual assault dispute void and unenforceable in instances where “conduct is alleged to have violated Federal, Tribal, or State law.”
November 17, 2022
As 2023 is around the corner, it is time for employers to start updating their employee handbooks and other written policies. As previously reported, 2023 will welcome new laws that California employers will need to be cognizant of. One such law involves frequently used leave of absences under the California Family Rights Act (“CFRA”).
November 16, 2022
Executive Employment Agreements are often a hot topic in employment law. They are a written employment contract with a company executive that governs the executive’s relationship with the company. In this video, we will discuss the important key points you need to focus on: (1) Bonuses, (2) Termination Details, (3) Severances, and (4) Restrictive Covenants.
November 15, 2022
On Thursday, November 10, 2022, US District Judge Charles Breyer dismissed Dfinity Foundation’s (“Dfinity”) trademark lawsuit against tech giant Meta Platforms. Inc. (“Meta”), finding that the logos’ differing designs and target audiences were sufficient to avoid consumer confusion. This comes after Facebook, Inc. rebranded as “Meta” in October 2021 to reflect its new focus on the virtual reality metaverse.
November 8, 2022
On October 24, 2022, the Ninth Circuit Court of Appeals issued a decision in Cadena v. Customer Conex LLC (“Cadena”), concerning whether the time employees spend booting up and shutting down their computers is compensable under the Fair Labor Standards Act (“FLSA”).
November 3, 2022
California’s overtime rules for non-exempt employees are known by virtually every employer in the state. Less known—but no less equally true—is that a non-discretionary bonus that a non-exempt employee receives must be factored into the employee’s “regular rate of pay” when determining overtime pay for a non-exempt employee. And this, in turn, requires employers to allocate a non-discretionary bonus over the time period in which the bonus was earned.
November 2, 2022
When you establish a Corporation in California, it is important to maintain the corporation's good standing with the state and federal authorities, avoid penalties, and preserve its existence as a separate legal entity. This checklist contains a set of certain tasks that must be performed by an in-house or outside corporate counsel.
November 1, 2022
Earlier this month on Thursday, October 13, 2022, the US Department of Labor (“DOL”) published a Notice of Proposed Rulemaking (“Proposed Rule”) that proposes guidance on determining employee or independent contractor classification under the Fair Labor Standards Act (“FLSA”).
October 27, 2022
As we continue with our 3in3 series, in this video we cover three topics: (1) getting ahead at work; (2) working from home; and (3) staying informed.
October 25, 2022
On October 19, 2022, the Equal Employment Opportunity Commission released a new version of their workplace discrimination poster titled “Know Your Rights: Workplace Discrimination is Illegal” poster. This new poster, which replaces the “Equal Employment Opportunity is the Law” poster, provides updated guidance on federal anti-discrimination laws to applicants, employees, and employers.