This week, we present a California labor and employment update featuring the upcoming deadline for non-compete notice rules, workplace violence regulations by the California Division of Occupational Safety and Health (Cal/OSHA), and the recent Estrada decision's implications for the Private Attorneys General Act (PAGA).

California’s Non-Compete Notice Deadline Approaches

Effective January 1, 2024, it is unlawful for a California employer to include a non-compete clause in an employment agreement or to require an employee to sign a non-compete agreement. By February 14, all employers are required to provide notice to all employees (as well as certain former employees) who are subject to a non-compete agreement or clause that the non-compete language is void.

California Employers Prepare for Workplace Violence Regulations

Starting July 1, 2024, California employers must establish a Workplace Violence Prevention Plan. An employer must also train employees on the plan and maintain a violent incident log by that date. The log must be maintained for five years and produced for Cal/OSHA upon request.

Estrada Decision Keeps Door Open for PAGA Challenges

Last month, the California Supreme Court issued its long-awaited decision in Estrada v. Royalty Carpet Mills regarding PAGA claims. The court found that PAGA claims may not be stricken as unmanageable. However, the court noted that employers can still challenge PAGA actions as long as they do not rely on the concept of “manageability.”