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New Laws in 2024 for California Dentists (and Other Employers) (Part 2 of 3)

In California, the dental industry is set for employment law changes in 2024. Below is the second of a three (3) part article series regarding the new law changes that every practice owner must be aware of.

Retaliatory Conduct for Protected Activity

The new law creates a rebuttable presumption of retaliation if the employer’s alleged retaliatory action occurred within 90 days of the employee’s protected activity. The law also provides that employers may not prohibit employees from discussing or disclosing their wages, asking about another employee’s wages, or encouraging other employees to exercise their legal rights.

Noncompete Agreements

The new law prohibits employers from including noncompete clauses in employment contracts, and also makes it unlawful to require an employee to enter into a noncompete agreement, regardless of where and when the agreement was signed. Further, employers who have existing noncompete agreements must notify their current and former employees that the noncompete clause or agreement is invalid.

Unenforceability of Restrictive Covenants

These covenants restrict employees from engaging in a lawful business, trade, or profession. As with noncompete agreements, these covenants will also be unenforceable beginning on January 1, regardless of when and where the agreement containing the restrictive covenant was signed. Note – this applies, for example, even if the contract was signed outside of California and the employment was outside of the state.

In Summary

The new law changes are very complex. Dental practice owners, as well as all employers, should consult with an employment law firm in order to determine the best course of action regarding changes in the law.

About Us
Oberman Law Firm represents clients in a wide range of practice areas, including private equity, M&A, healthcare, corporate transactions, intellectual property, data privacy and security, regulatory compliance and governance, cross-border transactions, labor and employment, construction law, litigation, private clients’ services, corporate restructuring, and white-collar and governmental disputes.

As a firm, we offer the highest quality legal advice coupled with extraordinary and tailored service to deliver exceptional results to our clients. Our philosophy is to invest deeply in the brightest legal talent and build dynamic teams that operate at the pinnacle of respective practice areas. We believe in empowering our attorneys, encouraging entrepreneurialism, operating ethically and with integrity, and collaborating to bring the very best to every client engagement. These principles have guided us in building extraordinary and successful long-term partnerships with our clients.

Stuart J. Oberman is the founder and President of Oberman Law Firm. Mr. Oberman graduated from Urbana University and received his law degree from John Marshall Law School. Mr. Oberman has been practicing law for over 30 years, and before going into private practice, Mr. Oberman was in-house counsel for a Fortune 500 Company. <strong><a href="https://obermanlaw.com/people/stuart-j-oberman/"><span style="color: #0059b8;">Read More =></span></a></strong>