Compliance Stuff

Governor Gavin Newsom just signed a sweeping executive order right before the holiday weekend directing California state agencies to study potential workforce disruptions caused by AI so they can protect displaced workers through new policy recommendations. The May 21 order tasks the Labor and Workforce Development Agency (LWDA) with reviewing and making recommendations on a range of worker protection policies, from WARN Act revisions to severance standards to collective bargaining practices involving AI. But does any of this affect you right now? The short answer is no for California employers, but the EO still warrants close attention given how it could change things in the future. No New Obligations Today Executive Order N-6-26 ( which you can find here ) does not create any immediate legal obligations for private employers . Instead, it sets in motion a series of government reviews and analysis tasks with various deadlines, all aimed at informing potential future legislation and r...

  When employers enact a Non disparagement provision or policy or provide severance benefits in exchange for the employee agreeing to a robust non-disparagement clause. A non-disparagement clause is an agreement that forbids and employee from saying anything negative about the company--in short, it protects the reputation of the company. The current National Labor Relations Board (NLRB) General Counsel has taken the position that most non-disparagement clauses may run into issues with employees' Section 7 rights.   Section 7 of the National Labor Relations Act (the Act) guarantees employees "the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection," as well as the right "to refrain from any or all such activities."   It is advised that employers should th...