©2023 Seyfarth Shaw LLP www.seyfarth.com 2023 Cal-Peculiarities | 3 entitles employees to workplace privacy against intrusions by their employer (see § 4.6). forbids employers to request or require employees or job applicants to disclose personal social media usernames or passwords (see § 4.8), forbids use of credit background checks for most positions (see § 4.11), and requires employers to disclose to employees the categories of personal information the company has collected and the purposes for which the categories of personal information will be used (see § 4.17). Agreements with Applicants, Employees, Former Employees California forbids, requires, or regulates various agreements that employers enter into with job applicants, current employees, and former employees. California forbids employers to require any applicant or employee to take a polygraph as a condition of employment (see § 4.3), renders unenforceable any settlement agreement provision that prevents the disclosure of facts related to a sexual harassment or retaliation claim, with limited exceptions (see § 6.5.13), renders unenforceable any contractual provision that waives a right to testify about the criminal or sexually harassing conduct of the other contracting party (or that party’s agent (see § 6.5.13), forbids employers to impose, as a condition of employment or the receipt of a raise or bonus, the release of any FEHA claim (except in a negotiated settlement of a filed claim) (see § 6.5.13), requires written agreements to memorialize an employee’s entitlement to commissions (see § 7.15), forbids employers to impose, as a condition of employment, any agreement the employer knows to be unlawful (see § 7.25), forbids releases of wage claims as to wages undisputedly due but not paid (see § 7.25), forbids various covenants not to compete (see § 12), forbids settlement agreements—with employees who have filed a legal claim—to include no-rehire clauses (see § 12), forbids any agreement to have a dispute settled in a non-California forum under non-California law (see § 20.2), forbids agreements that condition employment-related benefits on any waiver of FEHA or Labor Code rights (except post-dispute settlement agreements and negotiated severance agreements) (see § 20.2), and regulates the formation and terms of mandatory arbitration agreements in ways that are constitutionally suspect in light of the Federal Arbitration Act (see immediately below).
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