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?

Craig Lee and Will Woods from Baker McKenzie’s Antitrust & Competition team shared the following update regarding no-poach agreements:

In July 2018, State Attorneys General from 11 states formed a coalition to investigate no-poach agreements in franchise contracts that restrict the ability to recruit or hire employees from the franchisor or another franchisee of the same chain. As part of the investigation, the coalition requested information about no-poach policies and practices from several fast food franchises.

Continue Reading Risks Of Employee No-Poach Agreements

Multinational employers are facing a new era of globalization characterized by the polarized forces of cooperation and competition ─ a duality that makes for a messy business landscape. Our new report,  Globalization 3.0: How to survive and thrive in a new era of trade, tax and political uncertainty, aims to provide corporate leaders with a greater understanding of key trends so they can anticipate, influence and better prepare for the changing world order.

This report focuses on how the aforementioned forces of cooperation and competition are shaping policies in four key areas:

  • Data privacy
  • Investment
  • Labor and human rights
  • Tax

Alongside helpful insights, the report also identifies actions for companies to consider now to prepare for the next era of globalization.

Click here to view and download the full report.

We put our heads together to come up with some predictions for 2018.

Read the Horizon Scanner for more details but, in a nutshell, we predict:

  1. Multiplying statutory obligations aimed at closing the gender pay gap
  2. A push to become data-privacy compliant before GDPR is effective May 25, 2018
  3. Growing paid leave benefits for families around the globe
  4. A renewed focus to protect company assets globally
  5. Consistent deal growth with a particular bent towards “insourcing” arrangements

Click HERE to get the full picture!

In mid-December, we hosted our Annual California Update in Millbrae, CA. We were so pleased to see many of you in attendance.

Our End-of-Year Newsletter will hit inboxes shortly, but until then – here’s our top 10 New Year’s resolutions for multinationals in 2018:

Continue Reading Top 10 New Year’s Resolutions For California-Based Multinational Employers