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Searching Content indexed under Contract of Employment by Fenwick & West LLP ordered by Published Date Descending.
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1
Is My New Hire an Employee Or A Contractor? Key Factors For Startups To Consider (Video)
Employee or contractor? It can be a confusing question that startups often grapple with, or ignore, as they grow. In this video
United States
3 Sep 2019
2
Washington State Imposes Limits On Non-Compete Agreements
Washington is the latest state to shake up the non-competition landscape.
United States
2 Jul 2019
3
New 162(m) Guidance: IRS Notice 2018-68 Clarifies Scope Of Tax Reform And Transition Rules
Section 162(m) of the Internal Revenue Code denies a tax deduction to a public company for compensation paid to certain individuals—called "covered employees"—to the extent that the compensation paid
United States
3 Sep 2018
4
California Supreme Court Dramatically Reshapes California Worker Classification Laws
The California Supreme Court issued a landmark decision in Dynamex Operations West v. Superior Court of Los Angeles, imposing a simplified but more burdensome test that businesses ...
United States
11 May 2018
5
Grubhub Prevails In Driver Classification Case, Ruling Offers Insights For On-Demand Economy
In a long-awaited decision, a San Francisco federal judge ruled that GrubHub properly classified a delivery driver as an independent contractor.
United States
27 Feb 2018
6
CEO Pay Ratio Rule: New SEC Advice Helps Companies Prepare To Comply
Having recently affirmed that there will be no postponement of the 2018 effective date for CEO pay ratio disclosure...
United States
28 Sep 2017
7
Employees Of Temporary Staffing Agencies May Be Forced To Arbitrate Claims Against Agency Clients
A California appellate court ruled, in Garcia v. Pexco, that a temporary worker could be made to arbitrate his California Labor Code claims against both the staffing agency that employed him...
United States
24 Aug 2017
8
New York City Installs Protections For Freelance Workers
Effective May 15, 2017, New York City's Freelance Isn't Free Act aims to ensure that freelance workers in New York City are paid on time and in full.
United States
22 Aug 2017
9
Fenwick Employment Brief - Winter 2017 Update
In the latter half of 2016, California Governor Jerry Brown signed numerous bills into law. Below is a summary of those laws that will affect California employers in 2017 and beyond.
United States
24 Jan 2017
10
Employment Alert: Federal Court Halts Implementation Of New Overtime Rules
On November 22, 2016, a federal district court in Texas preliminarily enjoined the DOL from enforcing portions of its rule increasing the federal minimum salary for exempt executive...
United States
30 Nov 2016
11
Employment Alert: Ninth Circuit Nixes Employee Class And Collective Action Waivers, Calling Into Question Future Viability Of Employment Arbitration
Mandatory employment arbitration agreements suffered a significant blow last week, when the Ninth Circuit found illegal and unenforceable a class and collective action waiver requiring employees to arbitrate their claims individually.
United States
6 Sep 2016
12
Increasing Disapproval Of Non-Competes At Federal Level
Although non-competes outside of California are typically enforceable (subject to each state's laws), the White House issued a report this summer discussing what it believes to be misuse of non-competes
United States
9 Aug 2016
13
Federal Defend Trade Secrets Act Necessitates Changes To Employee And Contractor Agreements
Companies should update their employee invention assignment agreements and contractor agreements in light of the new federal Defend Trade Secrets Act ("DTSA") (summarized previously here).
United States
9 Aug 2016
14
New FEHA Regulations Impose Additional Policy And Training Requirements On Employers
Employers should review their applicable policies and training practices for compliance with new California Fair Employment and Housing Act regulations that went into effect this year.
United States
8 Aug 2016
15
DOL And DFEH Issue New Workplace Posters
Companies should check to ensure that they have the most updated versions of required employment posters posted in their workplaces.
United States
8 Aug 2016
16
New York State Paid Family Leave Law Enacted And Effective In 2018
In addition to San Francisco, employers with New York operations should begin thinking about their parental leave policies in light of a new law providing up to twelve weeks of partially paid family leave.
United States
8 Aug 2016
17
San Francisco Employers Must Provide Paid Parental Leave To Employees
San Francisco employers with twenty or more employees should review their parental leave policies in light of the new city ordinance.
United States
8 Aug 2016
18
U.S. Supreme Court Supports Validity Of Class-Action Waivers In Arbitration Agreements
On December 14th, the United States Supreme Court ruled in DirecTV v. Imburgia, in a 6-3 decision, that California consumers can be bound by the satellite-TV provider's mandatory arbitration clause, which includes a class action waiver.
United States
24 Dec 2015
19
Ninth Circuit Affirms Iskanian Ruling Rendering PAGA Waivers Illegal
In Sakkab v. Luxottica Retail North America, Inc., the Ninth Circuit affirmed the California Supreme Court's Iskanian v. CLS Transportation Los Angeles, LLC decision...
United States
26 Oct 2015
20
California Legislature Acts To Outlaw Pre-Employment Mandatory Agreements To Arbitrate Labor Code Claims
In late August, the California Senate and Assembly passed AB 465, which, if signed by Governor Jerry Brown, will make pre-employment mandatory agreements to arbitrate Labor Code violations against California public policy starting January 1, 2016.
United States
27 Sep 2015
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