New administration expected to largely favour employers over the rank and file on issues such as remote work
Archives for January 12, 2025
The future of HR: From flux to flow
How Pathfinders are grappling with the current challenges faced by the function and are moving towards 2025 with purpose.
Why Soft Quitting At Work Could Be More Dangerous Than Quiet Quitting
Soft quitting can be more dangerous than quiet quitting, as it goes unnoticed. Leaders need to recognize the subtle signs and take proactive steps to engage employees.
Should You Consult H.R. About a Conflict With Your Manager?
Don’t count on human resources to take your side in a workplace issue, especially if it involves a conflict with your boss.
How To Effectively Communicate With Your Left-Brain Boss
Learn how to identify a left-brain boss, their logical, data-driven communication style, and adapt your approach to have them buy into your idea.
Gen Z Colleagues Are Annoyed By You—Probably—For 4 Reasons
Gen Z colleagues are annoyed with older established employees for a number of reasons, mocking their corporate jargon on TikTok. But how can the generations meet halfway?
5 Benefits Of A Competitive Mindset At Work
In the workplace, “competition” is often thought of as a bad word that conflicts with collaboration, but there are numerous benefits of a competitive mindset at work.
How Employers Can Reduce The ‘January Resignation Rush Trend’ In 2025
The “January Resignation Rush Trend” is a time when workers rethink what they want from their employers and decide to make changes to companies that can offer them more.
Key Factors to Consider in Return-to-Exempt Status Decisions
HR should consider these factors to determine whether to return to exempt status those employees who became nonexempt due to a vacated 2024 overtime rule.
California Imposes Disclosure Obligations for Child Labor Audits
Lavanga V. Wijekoon, Joy C. Rosenquist, Priya Gupta, Stefan J. Marculewicz and Michael G. Congiu explain what employers need to know about California Assembly Bill 3234, which requires employers to disclose the results of audits on child labor practices.
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Employer Strikes Gold: California Court of Appeals Reverses Dismissal of Mining Company’s Arbitration Agreement
In a recent unpublished California appellate court decision, the Court unanimously reversed the lower court’s ruling that an agreement to arbitrate contained in an employee handbook was unenforceable.
Case Background
In May 2023, former employee Seth Robert Nelson filed a lawsuit against Golden Queen Mining Company LLC, alleging violations of California wage and hour laws. The Company sought to compel arbitration of the claims, citing an arbitration agreement kept within the Company’s employee handbook that Nelson had signed during his employment. The trial court denied the motion based on its determination that two provisions in the handbook acknowledgment, which also contained the employee’s agreement to arbitrate, were inconsistent and rendered the agreement unenforceable. One provision stated that the handbook’s “guidelines” did not create any contractual rights, while the other acknowledged receipt of a voluntary agreement to contractually arbitrate employment disputes.
The Appellate Court Decision
The Court of Appeal disagreed with the trial court’s conclusion, finding that the agreement was separate from the handbook’s guidelines and therefore, enforceable. The court explained that although both the arbitration agreement and the handbook’s guidelines appeared in the same acknowledgment, they were not part of the same contractual framework.
Key to the decision was the court’s distinction between the terms “guidelines” and “arbitration agreement.” The court noted that the “guidelines” in the handbook referred to general policies, which were not intended to create enforceable contractual obligations. In contrast, the arbitration agreement was a distinct and specific contract designed to resolve disputes through arbitration. The Court noted that the separation of the two provisions within the acknowledgment made it evident that the arbitration agreement was not part of the “guidelines” contained in the employee handbook.
As a result, the Court reversed the trial court’s order denying the motion to compel arbitration and remanded the matter for the trial court to resolve the remaining issue of whether the agreement was unconscionable.
Implications for Employers and Employees
This ruling is a win for employers seeking to enforce arbitration agreements, particularly in cases where those agreements are included in employee handbooks. Nonetheless, the decision underscores the importance of clear and distinct language when drafting arbitration clauses and employee acknowledgment forms, and serves as a reminder that the best practice is to issue a separate arbitration agreement.
Employers in need of assistance updating employee handbooks and/or arbitration agreements should consult with a CDF attorney to ensure their policies are enforceable under California law.
FAQs for Schools and Persons Affected By the PowerSchool Data Breach
A massive data breach hit one of the country’s largest education software providers. According to EducationWeek, PowerSchool provides school software
2024’s Top Stories in Unfair Competition and Trade Secrets Law
Federal agencies continued their efforts to restrict the use of restrictive covenant agreements in employment, but such efforts appear largely to have fallen short. Washington expanded and clarified its non-compete statute, while six other states passed laws restricting the use of non-compete agreements in the healthcare sector.
Wildfires in Los Angeles: Key Considerations for Employers Navigating Disaster Response and Compliance
Wildfires continue to rage across the Los Angeles area, causing death, massive destruction of property, and forcing tens of thousands to flee their homes. President Biden has approved a “Major Disaster Declaration” for California because of the wildfires. This disaster also impacts employers’ obligations under California law, including California’s workplace
Beltway Buzz, January 10, 2025
The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business.