California law makes void any contract “by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind,” including non-compete agreements. (Business & Professions Code § 16600.) Non-compete agreements are enforceable in only three limited circumstances: the sale of a business, the dissolution of a partnership, or the dissolution or termination of interests in a limited liability company.
California’s New Workplace Violence Prevention Law
California’s Governor Newsom recently signed SB 553, requiring the California Division of Occupational Safety and Health to adopt a general industry workplace violence regulation by December 31, 2026. In the meantime, all California employers with one or more employees (working in any state) must implement a workplace violence prevention plan (“WVPP”) plan by July 1, 2024.
Generational Issues at Work
In this episode, Jen discusses the challenges of our multi-generational workforce and ideas for bringing everyone together.
Interview Questions that Matter
In this episode, Jen offers suggestions for asking interview questions that actually help you hire the right person for the job.
Arbitration Agreements: Overview and Recent Developments
Arbitration provides employers with an alternative venue to resolve disputes instead of litigation. Similar to litigation, a claimant files a claim and the parties resolve the dispute with a binding decision.
California’s Expanded Paid Sick Leave
On October 4, 2023, Governor Newsom signed SB 616, significantly modifying the 2014 Healthy Workplaces, Healthy Families Act (“HWHFA”). The new law is effective January 1, 2024.
The NLRB’s Next Target: Handbooks and Policies
The National Labor Relations Board (the “NLRB”) recently issued a new decision, Stericycle, Inc., that broadly affects how most employers will think about their employment handbooks and policies. Employer should consider implementing a number of best practices to reduce their risk.
Hiring Effective HR Leaders
In this episode, Jen discusses the best practices for hiring effective HR leaders.
What is “Fairness”?
In this episode, Jen explains the difference between “fairness” and “equality,” and why it matters.
Managing the Rumor Mill During Workplace Investigations
In this episode, Jen provides practical advice about how to limit the chit-chat during internal investigations.
Caveat Emptor: Choose Your Vendors Wisely
In this episode, Jen reminds you to choose law-related vendors familiar with California’s many idiosyncrasies.
New Approaches to Conflict Resolution
In this episode, Jen and Shaw Law Group attorney and conflict resolution guru Julia Melnicoe Insel discuss new approaches to resolving conflicts at work.
Jennifer Shaw quoted in Capital Public Radio Article regarding Official Holidays
Jennifer Shaw spoke with Steve Milne and Chris Hagen for their article: “Do you get federal or state holidays off? It depends.” You can read the article here.
Artificial Intelligence at Work: Be Careful!
In this episode, Jen and Shaw Law Group attorney Megan Donaghey examine the varied uses of artificial intelligence in the workplace and the related potential liability.
The U.S. Supreme Court’s New Religious Accommodation Rule
In this episode, Jen explains the impact of the recent US Supreme Court’s religious accommodation decision in Groff v. Dejoy.