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Ian Michalak is an associate in the Labor and Employment Practice Group in the firm's Los Angeles office.

On April 19, 2023, the California Court of Appeal held that an employer’s arbitration agreement was unenforceable because of unconscionable terms found in other documents provided to employees during the onboarding process. The decision was certified for publication on May 10, 2023. In Alberto v. Cambrian Homecare (Apr. 19, 2023, No. B314192) ___Cal.App.5th, the Court of Appeal affirmed the trial court’s decision that a standalone arbitration agreement was unconscionable based on terms contained within the employer’s confidentiality agreement. Because the arbitration and confidentiality agreements were presented to the employee at the time of hire and related to the employee’s employment, the Court found that the employer’s confidentiality agreement was part of the “contract” to arbitrate, and the two agreements must be read together. The Court then reasoned that unconscionable terms in the confidentiality agreement permeated the arbitration agreement rendering it unenforceable. The Alberto decision is an important development for employers utilizing arbitration agreements along with other types of employment-related agreements as it creates a new risk of losing the benefits of arbitration.Continue Reading It Is Time to Check Your Onboarding Documents – Employer’s Confidentiality Agreement Renders Its Arbitration Agreement Unenforceable

On May 13, 2022, a law requiring publicly held corporations headquartered in California to have women on the board of directors was enjoined from being enforced and declared unconstitutional after a bench trial in Los Angeles Superior Court.  In Crest v. Padilla, a judge ruled that the law violated the Equal Protection Clause of the California Constitution because it created a suspect gender classification without a compelling state interest, and the law was not necessary or narrowly tailored to achieve the State’s goals of remedying gender discrimination or benefiting the economy. Continue Reading Court Enjoins Law Requiring California Businesses Have Women on Their Board of Directors

On December 22, 2021, the California Department of Public Health (“CDPH”) issued an order requiring workers in health care facilities to receive booster vaccinations to help combat COVID-19. Health care workers must receive the booster vaccine by February 1, 2022.
Continue Reading California Department of Public Health Requires Health Care Workers to Receive the Booster Vaccine by February 1, 2022

On May 28, 2021, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued an update to its December 2020 guidance regarding COVID-19 vaccinations and incentive programs.  The long-awaited guidance provides clarification regarding mandatory vaccinations, employer and third-party provided vaccine incentives, and confidentiality of vaccination information.  The EEOC guidance left open some questions surrounding vaccine incentives, including what incentives will be deemed so substantial as to be coercive, and whether employers must offer incentives to workers who cannot receive the COVID-19 vaccine for religious or medical reasons.
Continue Reading EEOC Takes a Second Shot at COVID-19: Employer Vaccine Incentives Approved, Subject to Exceptions, But Questions Remain