Blog: The California Workplace Advisor

California employers have long understood the state’s hostility toward contractual restraints on employee mobility. While non-competes are expressly prohibited, enforcement of related restrictions—such as no-poach and employee non-solicitation provisions—was historically uneven. Many disputes played out quietly in private litigation or arbitration, if they surfaced at all. That approach is changing. A recent settlement announced by…

The Federal Trade Commission (FTC) has formally withdrawn its defense of the nationwide non-compete ban, a signature rule of the Biden-era agency. The ban, intended to curb restrictive employment contracts and enhance worker mobility, faced immediate legal challenges—most notably from the U.S. Chamber of Commerce and other business coalitions—which questioned the FTC’s authority to impose…

Last week, the Trump administration introduced a series of executive orders aimed at reducing the scope of Diversity, Equity, and Inclusion (“DEI”) initiatives within federal agencies and among private employers working with the government. These new orders focus on curtailing programs that the administration believes may lead to reverse discrimination or violate principles of merit-based…

In a dramatic expansion of the Ending Forced Arbitration of Sexual Assault & Sexual Harassment Act (“EFAA”), two recent California Court of Appeal decisions have held that plaintiffs can avoid being compelled to arbitration so long as their lawsuit contains at least an allegation of sexual assault or harassment. Background In the wake of the…

OVERVIEW Opportunities for student-athletes to benefit from use of their name, image, and likeness (NIL) have opened up under new NCAA rules adopted in the face of pressure from state laws challenging NCAA’s former prohibition on student-athletes profiting from their own NIL. As of July 1, 2021, student-athletes who are U.S. citizens or lawful permanent…