Michael Bauscher’s Post

On January 1, 2024, two new #California statutes that could have a #national impact on employee restrictive covenants, such as #noncompete and non-solicitation agreements, will become effective. Read Jeff Boxer and Kevin Simpson on the #statutes, and what employers should consider until questions about the constitutionality, scope, and enforceability of these new statutes are answered: https://lnkd.in/euqD--az

Employers with California employees: Governor Newsom signed a new law that becomes effective January 1, 2024, further restricting enforcement of employee post-employment restrictions in California. The new law appears to be aimed at out of state employers who seek to have California employees sign agreements containing post-employment obligations. Under the new law: - a contract that is void under California law is unenforceable regardless of where and when the contract was signed - an employer or former employer cannot attempt to enforce a contract that is void regardless of whether the contract was signed and the employment was maintained outside of California - an employer cannot enter into a contract with an employee or prospective employee that includes a provision that is void under the law - an employer who violates that law commits a civil violation - an employee, former employee, or prospective employee is authorized to bring an action to enforce that law for injunctive relief or the recovery of actual damages, or both, and - a prevailing employee, former employee, or prospective employee can recover attorney’s fees and costs For the text of the bill, see here: https://lnkd.in/e5viAd4J #restrictivecovenants #california #DGPERKS

Will 2024 be the year that PAGA is repealed? Attorney Michael Kun compares PAGA and its potential replacement – the Fair Pay and Employer Accountability Act – which could expose California employers to more damages if they willfully violate the law. #WageAndHour #EmploymentLaw #HumanResources

Don't Hit Panic Button Yet! Here's What HR Needs to Know About the FTC's Non-Compete Ban The FTC's ban has HR scrambling, but hold on! Court challenges may delay implementation. Here's the lowdown: existing agreements (except for high earners) might become unenforceable. Our employment law expert Attorney Thomas D'Agostino breaks it down into five critical takeaways for #hrprofessionals. #HRCompliance #HRInsights https://lnkd.in/gd5Zmwqu

The clock is ticking for employers as a crucial deadline looms. Labor and employment attorneys Justin Hill and Devon Williams shed light on new California laws with far-reaching implications that extend beyond state boundaries. https://lnkd.in/dK9wpGw8 #noncompete #employmentlaw #employmentattorney #laborandemployment #laborandemploymentlaw #NewLaw #employers

Businesses should regularly review their employment forms, policies, and handbooks to remain compliant with rules and regulations. There is new or pending legislation that may impact: - Restrictive covenants/non-compete clauses - Severance agreements - Confidentiality clauses Access to employee and applicant’s social media accounts This article lays out some of the key changes on the horizon and the importance of making sure your old forms are current. LINK TO: https://lnkd.in/gK2hhXzN #forms #business #policies #denver

Two California laws that expand the scope and consequences of the state’s already strict policies against restrictive covenants will take effect on Jan. 1, 2024. Davis+Gilbert attorneys Neal Klausner, David Fisher and Daniel Finnegan explore what employers need to know to be prepared.   https://lnkd.in/e4tu7w7G #RestrictiveCovenant #Noncompete #Litigation #EmploymentLaw 

On April 23, 2024, the Federal Trade Commission, which is the federal agency charged with protecting consumers from anti-competitive, deceptive, and unfair business practices, issued a Final Non-Compete Clause Rule (Final Rule). We examine the Final Rule’s requirements for employers, the exceptions to the Final Rule, the challenges that have been lodged against the Final Rule, and the steps employers should take going forward. #FTC #finalrule #noncompete #agreement #employmentlaw #HR

Governor Newsom signed Senate Bill 699, which adds Section 16600.5 to the Business and Professions Code. The new law, effective on January 1, 2024, imposes new restrictions on the enforceability of covenants not to compete in employment agreements.  The new law voids any covenant not to compete that an employer seeks to enforce against a former employee regardless of where the employment occurred, or the law of the jurisdiction governing the contract.  In addition, the mere inclusion of such a clause in a contract is itself a civil violation.  Further an employee, former employee or prospective employee can bring a private action to seek injunctive relief or damages as a remedy for violation and recover attorney's fees and costs. The new law does not affect covenants enforceable against the seller of a business, a dissociated partner from a partnership or a dissociated member of an LLC. https://lnkd.in/g9X3MedM #unfaircompetition #restrictivecovenants #noncompetes #employmentlaw  

Two California laws that expand the scope and consequences of the state’s already strict policies against restrictive covenants will take effect on Jan. 1, 2024. Davis+Gilbert attorneys Neal Klausner, David Fisher and Daniel Finnegan explore what employers need to know to be prepared. https://hubs.li/Q02dxv1Q0 #RestrictiveCovenant #Noncompete #Litigation #EmploymentLaw