California employers can require workers to sign mandatory arbitration agreements as a condition of employment following a U.S. Court of Appeals ruling last month. The Ninth Circuit ruled that California Assembly Bill 51 banning “forced arbitration” clauses is preempted by federal law, the Federal Arbitration Act. The bill attempted to work around the FAA, saying existing arbitration agreements were enforceable but that new employees must be given the choice of signing one. AB 51 would … [Read more...]
FTC Wants to Join California in Banning Noncompete Clauses
The Federal Trade Commission in January proposed a new rule that would prohibit employers from imposing noncompete clauses on workers. These clauses, which block workers from taking a job at a competing employer within a period of time or within a geographic location, are already unenforceable in California as well as in two other states, North Dakota and Oklahoma. According to the FTC, one in five American workers—about 30 million people—are still subject to noncompete clauses. Under … [Read more...]
NLRB rules employees affected by labor law violations are entitled to more compensation
A December ruling by the National Labor Relations Board paves the way for broader compensation awards to wrongfully terminated employees and other victims of unfair labor practices. In a 3-2 decision issued in Thryv, Inc., the NLRB clarified its “make-whole” remedy to include payment for “direct or foreseeable” harm suffered as a result of labor law violations. In addition to direct costs such as the loss of earnings and benefits, the ruling says victims of unfair labor practices must be … [Read more...]
SEC and CFTC Whistleblower Programs Reported Record Years in FY 2022
Two federal financial whistleblower programs recently released record-breaking reports for Fiscal Year 2022, which ran through September. The U.S. Commodity Futures Trading Commission, which oversees cryptocurrency, reported more than $3 billion in sanctions from all whistleblower-related actions and an increase in whistleblower tips. The CFTC’s Whistleblower Office received 1,506 whistleblower tips and complaints in FY 2022, an increase of 50% from the prior fiscal year. And in October … [Read more...]
What California workers should know about employment laws taking effect on Jan. 1
Workers in California will gain rights and benefits when the new year starts January 1. Here’s what they should know about the changes taking effect in 2023. You will learn more about what your job pays We told you earlier this year about changes to the law that will empower California workers with more salary data in 2023. SB 1162 requires California employers with 15 or more workers to provide a salary range on all job postings and requires companies with 100 or more employees in the … [Read more...]
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