The new legislation may significantly impact the utility of mandatory and voluntary arbitration agreements in the employment setting.
Key Points:
..The law permits predispute arbitration agreements and joint, class,...more
The stay means employers are currently not required to mandate vaccines or testing under OSHA rules.
Key Points:
..On January 13, 2022, the US Supreme Court stayed the vaccine-or-test emergency temporary standard...more
1/17/2022
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Workplace Safety
Employers should review their form agreements and practices to determine what modifications may be required to comply with new restrictions in Illinois, Oregon, Nevada, and Washington, D.C.
Key Points:
..Effective...more
Employers with 100 or more employees may wish to begin preparing for the emergency temporary standard’s imminent deadlines, despite pending legal challenges.
...more
11/17/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Covered Employer ,
Employer Mandates ,
Employment Policies ,
Executive Orders ,
Masks ,
Notice Requirements ,
OSHA ,
Preemption ,
Reasonable Accommodation ,
Religious Exemption ,
Reporting Requirements ,
Stays ,
Temporary Regulations ,
Vaccinations ,
Virus Testing ,
Workplace Safety
In passing the Ban on Non-Compete Agreements Amendment Act of 2020, Washington, D.C., joins California and a handful of other states in prohibiting virtually all non-competes. Key Points:
..The Act invalidates...more
Companies planning to reopen offices face numerous challenges, including how to handle employee illness, privacy rights, and more.
Companies preparing for a return to work amid the ongoing COVID-19 pandemic face a number...more
The COVID-19 pandemic has created bleak economic conditions for many businesses, forcing them to undertake or consider drastic changes to their workforce. Although each employer’s business needs vary and require individual...more
The FFCRA requires covered employers to provide emergency paid leave to eligible employees who cannot work due to qualifying COVID-19-related reasons.
As Latham & Watkins previously reported, President Donald J. Trump...more
The legislation provides COVID-19-related paid leave that impacts many employers, but important questions remain.
Key Points:
..The Act impacts employers with one to 499 employees, and will be effective no later than...more
The legislation would enact coronavirus-related paid leave requirements that would affect many employers, but important questions remain.
Key Points:
..As currently drafted, the bill would impact employers with one to...more
The new state law reflects a trend among other states including New Hampshire, Maine, Maryland, Oregon, and Rhode Island to enact noncompetition legislation.
Key Points:
Under Washington State’s new noncompetition law,...more
New US Labor Department regulation, to take effect January 1, 2020, raises the minimum base salary for exempt employees to US$35,568.
Key Points: The new regulation:
..Increases the minimum base salary for exempt...more
Employers now have until September 30, 2019, to provide individualized notice and October 1, 2019, to begin contributions.
As covered in a previous Latham & Watkins Client Alert, Massachusetts employers face imminent...more
By June 30, 2019, employers must provide individualized notice to each employee (and potentially each contractor) in the state.
In 2018, Massachusetts enacted the Paid Family and Medical Leave (PFML) law, which provides a...more
Highly anticipated proposal raises the minimum base salary for exempt employees to US$35,308, while formally rescinding the enjoined 2016 final rule that would have doubled the current minimum level.
Key Points:
•...more
3/13/2019
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Highly Compensated Employees ,
Minimum Salary ,
Over-Time ,
Proposed Rules ,
Public Comment ,
Threshold Requirements ,
Wage and Hour ,
White-Collar Exemptions
A new Massachusetts law significantly limits when and with whom an employer can enforce a noncompetition agreement entered into on or after October 1, 2018.
On August 10, 2018, Massachusetts Governor Charlie Baker signed...more
The new law applies to disclosures in reference checks and clarifies the use of paid vacation leave in connection with paid family leave.
On July 9, 2018, California Governor Jerry Brown signed AB 2770 and AB 2587.
AB...more
The Supreme Court clarified that employers who maintain or adopt arbitration agreements with class waivers may avoid class action wage and hour lawsuits, clearing the way for employers to reduce potential exposure.
The US...more
5/24/2018
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Epic Systems Corp v Lewis ,
Ernst & Young v Morris ,
Fair Labor Standards Act (FLSA) ,
Federal Arbitration Act ,
Murphy Oil v NLRB ,
NLRA ,
NLRB ,
Private Attorneys General Act (PAGA) ,
Remand ,
Reversal ,
Savings Clause ,
SCOTUS
By limiting the availability of Dodd-Frank whistleblower anti retaliation provisions, the Court’s decision may incentivize increased SEC reporting.
In Digital Realty Trust, Inc. v. Somers, the Supreme Court of the United...more
Sexual misconduct in the workplace has featured prominently in the news this year. TIME Magazine named the “silence breakers” as its Person of the Year. And US lawmakers have introduced a bipartisan bill to bolster employees’...more
New law prohibits most California-based employers from inquiring about an applicant’s criminal history before making a conditional offer of employment.
California Governor Jerry Brown has signed Assembly Bill (AB) 1008,...more
On October 13, California Governor Jerry Brown signed into law Assembly Bill 168 (AB 168), which further restricts employers’ use of salary history information. California’s Fair Pay Act currently prohibits employers from...more
Businesses that employ at least 20 people should take practical steps to comply with the New Parent Leave Act.
Key Points:
- The New Parent Leave Act significantly expands required parental leave, which previously only...more
Employers should take practical steps to comply with a new bill requiring them to demand search warrants from ICE agents.
Key Points:
..Employers need to train facility heads to respond to ICE Agents seeking access to...more
An employer may offer financial incentives to its employees for participating in employee wellness programs that receive health-related information, subject to certain limits.
On May 16, 2016, the U.S. Equal Employment...more