To help multi-state employers determine the minimum amount they must pay non-exempt employees, our chart below summarizes state and local increases this year. (Unless otherwise indicated, the following increases are effective January 1, 2019.)

This chart is intended to discuss rate changes that affect employers generally, and may not necessarily cover all industry-specific rate changes.

Continue Reading New Year, New Minimum Wage Rates Across The US

Join us at 3:00 pm Thursday, January 24 for our California Employment & Compensation Update in our new Los Angeles office. A range of topics will be covered during our program which will begin with a panel discussion addressing emerging trends in advancing corporate Diversity & Inclusion goals, followed by your choice of updates on California employment law issues or on global share plan developments. After the program, we invite everyone to join for cocktails and hors d’oeuvres at Javier’s Century City.

Click here to view the full invitation for more details, including a description of the panel discussion and choice of updates. Click here to register.

Hope to see you there!

2018 was, without a doubt, another extraordinary year for US employers. The #MeToo movement continues to have a tremendous impact on the workplace. In addition, the thorny issue of how to manage contractor classifications in the gig economy continued to evolve and new DOJ enforcement activity is heightening concerns about no-poaching agreements and other antitrust activity. In 2019, employers will confront a host of new laws in 2019 on topics ranging from sick leave, lactation accommodation, salary history inquiries and much more.

Our 2018/2019 Digest is a fantastic resource to help you navigate the changes ahead and chart your course for 2019.

 

Click here to download the full Digest.

This month California’s Department of Fair Employment and Housing released an updated Sexual Harassment Poster and Brochure.

Either the poster or the brochure can be distributed to employees to meet legal requirements.

For more on new obligations for California employers with respect to sexual harassment prevention, click here.

As we previously discussed here, the United States Supreme Court’s May 2018 decision in Epic Systems v. Lewis was a clear win for employers that seek to avoid the expense and disruption of class litigation by resolving disputes individually through binding arbitration. As explained by the Supreme Court in AT&T Mobility LLC v. Concepcion, “[i]n bilateral arbitration, parties forego the procedural rigor and appellate review of the courts in order to realize the benefits of private dispute resolution: lower costs, greater efficiency and speed, and the ability to choose expert adjudicators to resolve specialized disputes.”

For employers looking to take advantage of the benefits of individual arbitration, there are several drafting nuances to consider before rolling out or updating existing arbitration agreements.

Continue Reading You Had Me At “Class Action Waiver”

In the wake of the #HeForShe movement, California recently became the first US state to require companies to put female directors on their corporate boards.

Supporters of the law make a convincing business case for gender diversity, citing rigorous research findings showing companies where women are represented at board or top-management levels are also the companies that perform best financially. Beyond the business case however, there is also a sense that increased representation is critical to discussions and decisions affecting corporate culture and ensuring workplace respect and dignity.

Now is the time to focus on building a strong corporate culture of equality and respect. California is advancing a trend started in Australia and a number of European countries in recognizing the importance of gender-balanced corporate boards. Germany, Italy and the Netherlands all have initiatives in place to boost corporate board representation.

Baker McKenzie is uniquely positioned to guide companies in developing globally compliant corporate diversity and inclusion initiatives, including board compliance issues. Click here for more information on board level D&I initiatives around the globe, and how we can help.

California courts mostly take a no prisoners approach to Business and Professions Code section 16600, the statute prohibiting illegal restraints on trade. Courts broadly interpret Section 16600, which states that “every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void,” to invalidate most post-employment non-competes and customer non-solicits, including covenants preventing former employees or their new employers from “hiring” employees of a former employer (so-called “no hire agreements”). But Section 16600 does not bar all post-employment covenants–just those that “restrain” trade.

Continue Reading Familiarity Breeds Contempt—And [Litigation Over Employee Non-Solicits]

2018 has been a year of box office hits for California employers, but the critics remain skeptical.

On December 13th, join Baker McKenzie at the Westin SFO in Millbrae from 9 AM to 12 PM for our annual employment law update as we review the employment winners in 2018 and share our predictions for the year ahead.

With our director and producers keeping us on track, our cast and crew will cover topics including:

  • National and CA wage and hour updates and trends
  • California’s hot-off-the-press #metoo legislation
  • New CA requirements for female board members
  • Clarifying California’s salary history ban
  • Living and litigating in the gig economy for multi-state employers
  • Immigration changes affecting California employers
  • And much more!

We will also go “on location” and share a few international trends.

Join Us and Win!

The concession stands are open! Join us for a chance to win movie night themed prizes and more. Click here to view the full invite for more details on time, location and our cast and crew, and click here to RSVP.

As employment lawyers based in California are well aware that post-employment non-compete agreements are generally void as a matter of law in this state. Further, there is precedent for awarding punitive damages and disgorgement of profits where employers have knowingly required employees to enter into invalid agreements. Also, the DOL has actively pursued California-based companies engaging in anti-competitive practices when it comes to talent.

Against that backdrop, however, employers need not “throw in the towel” completely when it comes to post-termination restrictive covenants as there are a few narrow scenarios that allow for enforceable post-termination non-competes in California in the right circumstances, and a potential new take on an old strategy to consider.

Continue Reading Can Employers Use The California Labor Code To Protect Company Assets?

Alyssa Milano tweeted #MeToo just about one year ago. Since then, we’ve seen unprecedented attention on sexual harassment in the workplace and a number of high profile individuals have been taken to task.

For employers, the spotlight, viral encouragement to come forward and public scrutiny is translating to an outpouring of claims and lawsuits. Indeed, in September 2018, the EEOC reported a surge in sexual harassment filings–more than a 50 percent increase in suits challenging sexual harassment over FY 2017.

Continue Reading #MeToo Legislation Lands In California With A Thud