In the recent election, Californians voted to add an employer-friendly provision to the Labor Code that allows emergency ambulance workers to be on-call during breaks. California is one of 24 states that allow voters to initiate laws through the petition process.
When negotiating a settlement agreement in an employment dispute, “no rehire” language is often a standard term. This language typically bars the litigating employee from seeking re-employment with the former employer. However, in California, at least one “no rehire” provision was invalidated because it was not narrowly tailored to the employer at issue.
In Golden v. California Emergency Physicians Medical Group (“CEP”), CEP terminated Dr. Golden’s employment, and he subsequently filed a lawsuit alleging racial discrimination. The parties settled Dr. Golden’s claims, and CEP included a “no rehire” provision in the settlement agreement. The provision states:
There may be some changes coming to how California enforces its antidiscrimination law, the Fair Employment and Housing Act (“FEHA”). In February 2017, a bill (Senate Bill 491) was introduced in the California Senate proposing to allow local government entities to enforce antidiscrimination statutes.