The recent federal court ruling that struck down the Federal Trade Commission’s (FTC) rule banning non-compete agreements has given employers some relief, but it doesn’t mean non-competes are no longer under scrutiny. While the ruling prevents the FTC’s proposed ban from taking effect, state legislatures across the country have been tightening restrictions or imposing outright
News
Federal Court strikes down FTC rule that would have banned non-competition agreements starting September 4
On Tuesday, August 20, a federal judge in Texas shot down the Federal Trade Commission’s rule banning noncompete agreements (“the Rule”) that was set to take effect September 4. This means that the FTC cannot enforce the Rule. As a result, enforceable non-competes currently in place remain enforceable, and businesses and workers are free to…
AB 2188 Leaves California Employers’ Policies on Marijuana Use up in Smoke
On September 18, 2022, Governor Gavin Newsom signed AB 2188 into law, which prohibits employers from taking any adverse employment action against an employee in conjunction with an employee’s off-duty marijuana use.
AB 2188 makes it unlawful for employers to “discriminate against a person in hiring, termination, or any term or condition of employment” for…
Oregon Paid Leave—Now Is the Time to Think About Equivalent Plans

Oregon’s much anticipated Paid Leave program (formally called Oregon Paid Family and Medical Leave Insurance) will be here soon. Employee and employer contributions to the state program start January 1, 2023, and employees can start applying for benefits beginning September 3, 2023.
Almost all employers with employees in Oregon are required to participate in the…
Oregon Supreme Court Enforces Employment Arbitration Agreement

Oregon employers that require arbitration for employment-related disputes recently received some good news from the Oregon Supreme Court. In Gist v. ZoAn Management, Inc., the Court rejected the plaintiff’s argument that his arbitration agreement was unenforceable because it limited the arbitrator’s authority to award him relief. Instead, the Court ruled that the arbitration…
Ninth Circuit Rules That a Temporary Impairment Can Qualify as a “Disability” Under the ADA
The U.S. Court of Appeals for the Ninth Circuit, the federal appellate court with jurisdiction over much of the western United States (including Washington, Oregon, California and Idaho), ruled last week that an employee’s temporary impairment can qualify as a disability under the Americans with Disabilities Act (“ADA”). The Ninth Circuit’s decision resolves an important…
California Court of Appeal Removes Another Arrow from The Quiver of Employers
On March 23, 2022, in Estrada v. Royalty Carpet Mills, Inc., the California Court of Appeal for the Fourth District created a split in authority when they held that wage-and-hour lawsuits brought under California’s Private Attorneys General Act cannot be dismissed on manageability grounds. This decision directly contradicted the holding in Wesson v. Staples the…
NLRB GC Asks Board To Revisit Standard For Analyzing Employee Handbooks
Since August 2021, three of the five members of the National Labor Relations Board (“NLRB” or “Board”) have been appointed by Democratic presidents, including two members appointed by President Biden. Earlier this year, the Democratic majority announced in Stericyle, Inc., 371 NLRB No. 48 (Jan. 6, 2022), that it was requesting briefing on whether…
California Provides Employees with Another Bucket of COVID-19 Supplemental Paid Leave
California Provides Employees with Another Bucket of COVID-19 Supplemental Paid Leave
On February 9, 2022, California Governor Gavin Newsom approved Senate Bill 114 (“SB 114”), which entitles most California employees to a new bucket of COVID-19 supplemental paid sick leave. The law will go into effect on February 19, 2022.
California’s prior law entitling workers…
The Latest on President Biden’s Vaccination Mandates
As we blogged about here, on September 9, 2021, President Biden announced sweeping new vaccine requirements that will impact millions of employees across the country, including:
- A forthcoming rule that will require all business with 100 or more employees to require that employees be either fully vaccinated or tested for COVID-19 at least once