In a win for Georgia employers seeking to enforce restrictive covenants, the Supreme Court of Georgia ruled that restrictive covenants are not required to contain an express geographic limitation to be enforceable under the...more
On May 7, 2024, the California Supreme Court resolved a lower court split over the meaning of a “knowing and intentional failure to comply” under California Labor Code Section 226, which dictates requirements for providing...more
On Wednesday, April 17, 2024, the U.S. Supreme Court issued a ruling in Muldrow v. St Louis, No. 22-193, resolving a circuit split and holding Title VII of the Civil Rights Act of 1964 (“Title VII”) prohibits discriminatory...more
Takeaway: On January 18, 2024, the California Supreme Court resolved a conflict between California’s Private Attorneys General Act (PAGA) and the “manageability” concept used by courts to evaluate whether class certification...more
On January 18, 2024, the California Supreme Court issued a long-awaited decision looking to resolve a conflict between California’s Private Attorneys General Act (PAGA) and a concept called “manageability” which refers to the...more
On July 17, 2023, the California Supreme Court issued its long-anticipated decision in Adolph v. Uber Technologies, Inc. and held that an employee who has been compelled to arbitrate “individual” claims under the California...more
On February 15, 2023, the U.S. Court of Appeals for the Ninth Circuit ruled in Chamber of Commerce v. Bonta that California’s Assembly Bill 51 (“AB 51”) is preempted by the Federal Arbitration Act. After two failed attempts...more
On September 27, 2022, Governor Gavin Newsom signed Senate Bill (SB) 1162 expanding the scope of California’s existing pay transparency laws. SB 1162 imposes new requirements for pay information in job postings, extends...more
On June 15, 2022, the U.S. Supreme Court issued its opinion in Viking River Cruises, Inc. v. Moriana (Case No. 20-1573.), holding that California Private Attorneys General Act (“PAGA”) claims are subject to arbitration...more
On January 7, 2021, when Trump was still in office, the Department of Labor (“DOL”) published a new, employer-friendly rule for determining independent contractor status under the Fair Labor Standards Act (“FLSA”). The...more
On Thursday, July 15, 2021, the California Supreme Court issued an opinion with respect to meal period premiums, impacting employers who provide nondiscretionary payments for work performed by their employees. In Ferra v....more
On January 7, 2021, the Department of Labor (“DOL”) published a new rule for determining independent contractor status under the Fair Labor Standards Act (“FLSA”). The “Independent Contractor Rule” had an initial effective...more
Please note: The below information may require updating, including additional clarification, as the COVID-19 pandemic continues to develop.
On March 19, 2021, California Governor Gavin Newsom signed SB 95, reinstituting...more
Muting Audio and Video -
It is critical that the participating attorney as well as all witnesses and client representatives be hyper-focused on appropriate muting of audio and video when doing virtual events.
Back when...more
Background and Lighting -
Lawyers need to consider whether items appearing in the background could potentially affect how someone feels about the speaker.
Back when things were “normal,” mediations, depositions,...more
Platform Assistant -
Try using an associate, paralegal, or other assistant to help the presenting lawyer with the virtual process.
When considering a virtual mediation, hearing, deposition, or arbitration, we advise...more
Screen Real Estate -
How to maximize your odds when preparing for your first virtual mediation, hearing, deposition, or arbitration.
When preparing for your first virtual mediation, hearing, deposition, or arbitration...more
This CLE webinar will discuss some of the technology considerations for mediations, depositions, arbitrations, and court hearings by video conferencing as well as the practical issues that our attorneys have faced...more
8/25/2020
/ Arbitration ,
Arbitrators ,
Continuing Legal Education ,
Data Security ,
Mediation ,
Mediators ,
Online Platforms ,
Passwords ,
Remote Depositions ,
Remote Hearings ,
Videoconference ,
Webinars
In a landmark decision authored by Justice Neil Gorsuch and released today, June 15, 2020, the Supreme Court of the United States held that “an employer who fires an individual merely for being gay or transgender violates...more
6/16/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
On Monday, May 19, the Department of Labor (“DOL”) withdrew the non-exhaustive lists of establishments that were potentially eligible for or excluded from the retail or service establishment exemption to overtime under...more
On April 17, 2020, San Francisco Mayor London Breed signed into law the San Francisco Public Health Emergency Leave Ordinance (PHELO or Ordinance), adding San Francisco to the growing list of local jurisdictions issuing their...more
As we wrote about previously (here), the Families First Coronavirus Response Act (“FFCRA” or “the Act”) which was signed into law on March 18, 2020, became effective nationwide on April 1, 2020. The same day, the U.S....more
The spread of the novel coronavirus and the numerous shelter-in-place or stay-at-home orders issued across the country in response have presented unique and challenging issues for employers. Significantly, many businesses who...more
As we wrote about earlier this week (here), on Tuesday, March 24, the U.S. Department of Labor (“DOL”) issued guidance regarding the Families First Coronavirus Response Act (“FFCRA” or “the Act”) in three parts: a Fact Sheet...more
Yesterday, Tuesday, March 24, the U.S. Department of Labor (“DOL”) issued guidance regarding the Emergency Family and Medical Leave Expansion Act (“FMLA Expansion Act”) and Emergency Paid Sick Leave Act (“EPSL Act”)...more