California New Restrictions on Severance and Settlement Agreements

Courtney McFate
Courtney McFate
Lane Powell

Courtney McFate provides timely, thoughtful and strategic legal advice to clients regarding a wide variety of employment matters. An Oregon native, Courtney enjoys helping employers find practical solutions to challenging legal problems.

Rishi Puri
Rishi Puri
Lane Powell

Rishi Puri provides practical and strategic advice regarding a wide variety of employment matters and vigorously defends clients in a wide variety of employment claims.

Live Video-Broadcast: December 16, 2021

California New Restrictions on Severance and Settlement Agreements
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Program Summary

This course will provide an overview of best practices for employee severance and settlement agreements in California. A significant part of the course will focus on SB 331, which has made significant changes to legal requirements regarding severance and settlement agreements in the employment context. During the course, the presenters will go over this new law, discuss strategies for compliance and more generally discuss do’s and don’ts for presenting severance and settlement agreements to California employees.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

  • Understanding implications of SB 331 on severance and settlement agreements
  • Differentiating between severance and settlement agreements under California law
  • Best practices for severance and settlement agreements in California going forward

Date / Time: December 16, 2021

  • 3:00 pm – 4:00 pm Eastern
  • 2:00 pm – 3:00 pm Central
  • 1:00 pm – 2:00 pm Mountain
  • 12:00 pm – 1:00 pm Pacific

Choose a format:

Live Video Broadcast/Re-Broadcast: Watch Program "live" in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for "live" CLE credit.

On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 5 business days after the original recording date and are viewable for up to one year.

Closed-captioning available

Speakers

Courtney McFate_Lane Powell_myLawCLECourtney McFate | Lane Powell

Courtney McFate provides timely, thoughtful and strategic legal advice to clients regarding a wide variety of employment matters. An Oregon native, Courtney enjoys helping employers find practical solutions to challenging legal problems. Prior to joining Lane Powell, Courtney was inhouse employment counsel for a large consumer services company in California, acting as a strategic legal partner for human resources and all business units. Prior to that, Courtney practiced employment litigation in private practice. Her experience includes:

• Providing advice and counsel to management on numerous employment matters, including COVID-19-related policies, employee handbooks, terminations employee agreements, sexual harassment, discrimination, retaliation, personnel investigations, leaves of absence, and reasonable accommodations under federal and various state laws
• Representing management in employment litigation matters and before administrative bodies, including matters involving wage and hour disputes, harassment, retaliation, and discrimination
• Advising on employment-related compliance, including wage and hour concerns, drug and alcohol testing, background check policies, and arbitration programs
• Conducting personnel investigations on behalf of employers regarding allegations of sexual harassment, discrimination, and retaliation
• Developing and conducting training programs on employment law issues for human resources professionals, management, and front-line employees

In her spare time, Courtney enjoys exploring the Pacific Northwest with her family and her dog, Sebastian, going to the movies, and reading books on a rainy day while sipping hot coffee.

Professional Experience
AAA Northern California, Nevada & Utah, Employment Counsel (2019-2021)
Van De Poel, Levy, Thomas & Arneal LLP, Senior Associate Attorney (2013-2019)
State Bar of California, Law Clerk (2011-2012)
U.S. District Court for the Northern District of California, Pro Se Department, Judicial Extern (2010)

Community Involvement
Oregon Women Lawyers, Member
Multnomah Bar Association, Member

 

Rishi Puri_Lane Powell_myLawCLERishi Puri | Lane Powell

Rishi Puri provides practical and strategic advice regarding a wide variety of employment matters and vigorously defends clients in a wide variety of employment claims. Rishi works with small and large employers, and advises clients with respect to claims involving discrimination, retaliation, wrongful discharge, disability accommodation, ERISA and non-ERISA employee benefit claims, and wage/hour claims. Rishi counsels clients on a broad scope of issues ranging from top-down corporate policy to advice regarding individual employment decisions. Rishi has deep expertise with California wage and hour issues, including compliance and litigation of single employee claims to complex representative actions.

Professional Experience
Seyfarth Shaw, Employment Litigation Associate
Sheppard Mullin Richter & Hampton, Employment Litigation Associate
Morgan Lewis & Bockius, Summer Associate
Towers Perrin, Asset Consulting Associate

Community Involvement
Leadership Council on Legal Diversity, Fellow (2018)
Basic Rights Oregon, Board of Directors (2020-Present)

Agenda

I. Changes made by SB 331 | 03:00pm – 03:10pm

1. Differentiating between a severance and settlement agreement under California law
2. Changes to severance agreements
3. Changes to settlement agreements

II. Existing CA law prohibiting non-disclosure provisions in agreements regarding sexual assault, sexual harassment, and discrimination or retaliation based on sex | 03:10pm – 03:20pm
III. CA-specific law regarding resignations and no re-employment | 03:20pm – 03:30pm
IV. Coordinating waiting periods under SB 331 and OWBPA | 03:30pm – 03:40pm
V. Application of California law in the remote work context | 03:40pm – 03:50pm
VI. Other severance and settlement best practices | 03:50pm – 04:00pm