A recent Texas federal court ruling has put a halt on the enforcement of the FTC’s ban on non-compete agreements. Learn more about this ruling and the implications it has for employers from Shauna Correia and Jacqueline Simonovich as they give an update from their previous episode in this installment of California Employment News.
FTC Rule Ruled Unenforceable Nationwide
If you have been following our podcast California Employment News, you know that the Federal Trade Commission issued a rule that would act as a comprehensive ban on non-compete agreements. The ban would have taken effect next month, and would have invalidated non-compete provisions in millions of existing agreements and would have precluded non-compete provisions in future agreements with employees, independent contractors, volunteers and other workers. It would have preempted the laws of the 46 states that already regulate noncompete. In a victory for employers and business owners nationwide who rely on some form of non-competition provision to protect their IP, the United States District Court for the Northern District of Texas invalidated the FTC rule in its ruling on August 20, 2024.Continue Reading FTC Rule Ruled Unenforceable Nationwide
The CA Legislature Passes Another Law Requiring that Employers Advise Employees that They Have the Right to Seek Legal Counsel
In recent years, California employers have seen legislation requiring that they advise their employees in certain situations about their right to consult with legal counsel. For example, in 2021 Senate Bill 331 (“Silenced No More Act”) amended section 1001 of the California Code of Civil Procedure, as well as the California Fair Employment and Housing Act (“FEHA”) to require, among other things, that a severance and release agreement contain a provision notifying the employee or former employee that they have the right to consult an attorney regarding the agreement. This notification under California law is separate and apart from the requirements under the federal Older Workers Benefit Protection Act (as part of the Age Discrimination in Employment Act) which also provides for such notice for employees over the age of 40.Continue Reading The CA Legislature Passes Another Law Requiring that Employers Advise Employees that They Have the Right to Seek Legal Counsel
California Employment News: Navigating the New PAGA Reforms: What Employers Need to Know
Weintraub attorneys Shauna Correia and Lukas Clary as they discuss the new PAGA reform, offering insights on how it impacts California employers and steps they can take to stay compliant in the latest episode of “California Employment News.”Continue Reading California Employment News: Navigating the New PAGA Reforms: What Employers Need to Know
PAGA Reform: Key Takeaways for California Employers
On July 1, 2024 Governor Newsom signed SB-92 and AB-2288 into law, which instituted sweeping reforms to California’s Private Attorneys General Act (“PAGA”). PAGA was passed 20 years ago to provide a private mechanism for employees to pursue claims on behalf of the Labor and Workforce Development Agency (“LWDA”) against employers for alleged Labor Code violations. PAGA was meant to improve compensation for and benefit workers in California, but in practice has largely benefitted plaintiffs’ attorneys, which was why reforms were necessary.Continue Reading PAGA Reform: Key Takeaways for California Employers