California New Restrictions on Severance and Settlement Agreements

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. 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

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)

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