Effective January 1, 2024, AB 1076 amended California law to codify existing California case law holding most noncompete agreements void and making it unlawful to include a noncompete clause in an employment contract or to require an employee to enter a noncompete contract that does not satisfy specified exceptions. That new law, in and of itself, does not change the state of the law in California with regard to the enforceability of such contracts.Continue Reading Immediate Action Required by California Employers to Avoid AB 1076 Fines

Charlotte Carne
For more than 20 years, Charlotte Garry Carne has practiced in employment litigation, traditional labor law, and education law. She routinely provides advice, counseling, and training to management on employment law issues, leadership issues and avoiding litigation. She also excels at written advocacy and drafting employment policies, collective bargaining provisions, and executive employment agreements. She has represented clients in state and federal courts in Michigan and California, as well as in various state courts and administrative agencies.
Assembly Bill 1076 Reinforces California’s Ban on Noncompete Agreements
On October 13, 2023, California Governor Gavin Newsom signed AB 1076 into law. AB 1076 codifies Edwards v. Arthur Andersen LLP (2008) 44 Cal. 4th 937, which held that any noncompete in an employment context, no matter how narrowly tailored, is void.Continue Reading Assembly Bill 1076 Reinforces California’s Ban on Noncompete Agreements
Title VII & DEI Program Implications of the Supreme Court’s Recent Affirmative Action Decision
As observed in Dykema’s original alert on the Supreme Court’s recent decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, Nos. 20-1199 & 21-707, corporate diversity, equity, and inclusion policies may be impacted by the Court’s broad language on race-based decision making. The ruling has already emboldened those currently in litigation over diversity efforts to push for the elimination of such programs entirely, as discussed in a recent article by the Wall Street Journal.Continue Reading Title VII & DEI Program Implications of the Supreme Court’s Recent Affirmative Action Decision
A Win for California Employers: Employers Can Require Their Employees to Sign Arbitration Agreements as a Condition of Employment
In 2019 California enacted Assembly Bill 51 (AB51) that would impose criminal sanctions on employers who required employees to sign arbitration agreements as a condition of employment. From there, this highly controversial law has followed a circuitous route.Continue Reading A Win for California Employers: Employers Can Require Their Employees to Sign Arbitration Agreements as a Condition of Employment
Employers Face Uncertainty After SCOTUS Abortion Rights Decision in Dobbs v. Jackson Women’s Health Organization
The U.S. Supreme Court’s opinion in Dobbs v. Jackson Women’s Health Organization, No. 19-1392 (June 24, 2022), overruling Roe v. Wade, raised more questions than answers for U.S. employers. As a result of Dobbs, abortion is no longer a constitutionally protected right in the United States. As such, each state is left to determine how to legislate with regard to abortion.
Continue Reading Employers Face Uncertainty After SCOTUS Abortion Rights Decision in Dobbs v. Jackson Women’s Health Organization
In a Big Win for California Employers, SCOTUS Limits the Reach of the Golden State’s Private Attorneys General Act of 2004
On Wednesday, June 15, 2022, the United States Supreme Court issued an opinion that severely limits California’s right to enlist employees as private attorneys general to enforce California labor law by allowing employers to use mandatory arbitration provisions to defeat such representative claims.
Continue Reading In a Big Win for California Employers, SCOTUS Limits the Reach of the Golden State’s Private Attorneys General Act of 2004
Remote Work as a Reasonable Accommodation
Many employees are being asked to return to the office this Summer due to perceptions, true or untrue, about waning COVID infections. As a result, a number of employees are asking to remain remote or telework because they have found a better work-life balance during the pandemic. Before denying these requests due to the “team building” experience of all working in one location, employers should be aware of potential Americans with Disabilities Act (“ADA”) pitfalls.
Continue Reading Remote Work as a Reasonable Accommodation