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California: Choice of Law and Venue Prohibition in Employment-Related Contracts

APPLIES TO

All Employers with California Employees

EFFECTIVE

January 1, 2017

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A new California Labor Code provision limits employment contract provisions that dictate when another state’s law or location will be used to adjudicate employment disputes for employees who primarily live and work in California.  This law applies to contracts entered into, modified or extended on or after January 1, 2017, and to contracts that employees are required to assign as a condition of employment.

Ninth Circuit: Mandatory Class Action Waivers in Arbitration Agreements Are “Illegal”

APPLIES TO

 Employers with Alaska, Arizona, California, Guam, Hawaii, Idaho, Montana, Nevada, Oregon and Washington Employees

EFFECTIVE

August 22, 2016

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The Ninth Circuit has stated that use of mandatory class action waivers in arbitration agreements are prohibited, becoming the second federal circuit court to strike down such agreements.  In short, employers in the states covered by the Ninth Circuit cannot require employees to sign an agreement giving up their right to class action/collective claims as a condition of employment.

Non-Compete Provisions Involving Physicians Restricted in Connecticut, Rhode Island

APPLIES TO

 Employers with Connecticut, Rhode Island Employees

EFFECTIVE

Varies; See Below

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Connecticut and Rhode Island join Massachusetts, Delaware, Colorado, Texas and Tennessee in enacting laws that restrict the use of non-compete provisions in relation to physicians. Summaries of the law in each state are included below.

September Updates

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Varies

EFFECTIVE

Varies

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This HR Alert addresses the following topics:
  1. Prior Use of an Invalid Social Security Number Leads to Million Dollar Verdict
  2. 2016 EEO-1 Filing is Due September 30
  3. Ninth Circuit: New Remedy Available for Public Employees Making Age Discrimination Claim
  4. California: Employees/Volunteers at Day Care Centers Now Required to be Immunized
  5. San Diego, California: REMINDER – Amendments to Paid Sick Leave Are In Effect
  6. San Mateo, California: Minimum Wage Increases on January 1, 2017
  7. Colorado: Pregnant Workers Fairness Act Poster Now Available
  8. Illinois: Non-Compete Agreements for “Low-Wage Employees” are “Illegal and Void” in 2017
  9. Louisiana: New Poster for Hospitality Employers Required August 1, 2016
  10. New Orleans, LA: City Contractors Prohibited From Conducting Credit Checks
  11. Nevada: Overly Broad Non-Compete Agreements are Wholly Unenforceable
  12. Cleveland, Ohio: Transgender Individuals Must Have Access to Facilities Consistent with their Gender Identity

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