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Is the Washington Legislature Caching Out Noncompete Agreements? How This Change Might Affect Your Ability to Protect Your...

For tech giants like Microsoft and Amazon, and any number of emerging tech companies, tech professionals are a hot commodity in the state of Washington. No doubt, the competition is fierce here in Seattle and within the...more

New York Expands Liability for Employee Claims for Unpaid Services Performed in New York to the Top 10 Shareholders of Privately...

Under a New York law in effect for decades, the top 10 shareholders of a privately held New York corporation can be held liable in certain circumstances for amounts owed to the corporation's employees. On January 19, 2016,...more

What Can Brown Do For PAGA? Budget Proposal Seeks Greater Oversight of PAGA Claims

California Governor Jerry Brown’s administration recently submitted a budget proposal to the California Legislature that would increase State oversight of Private Attorneys General Act (PAGA) claims and amend the PAGA statute...more

Supreme Court Agrees to Review Major Immigration Case Just as the Presidential Election Heats Up

Immigration is already a major issue in this year’s presidential race, as candidates from both parties try to score political points out of the presence of roughly eleven million undocumented immigrants in the country and the...more

What Does 2016 Portend for Labor and Employment Law?

What is on the horizon for labor and employment policy in 2016, the last year of the Obama administration when the president will seek to cement his legacy, and a national election year when the White House and control of...more

New NC "Ag-Gag" Law Might Conflict with NLRB View of Concerted Activity Rights

North Carolina’s controversial new “Ag-Gag” Law took effect January 1. The bill was passed at the behest of state pork and poultry interests concerned over animal rights activists using employment as a cover to film...more

Pa. Judge Strikes Down Pittsburgh’s Paid Sick Leave Ordinance

The Allegheny County Court of Common Pleas (the Court) recently struck down the hotly contested Pittsburgh Paid Sick Leave Ordinance — bestowing a generous holiday gift on the thousands of Pittsburgh (City) employers that...more

An Update on Dilts v. Penske Logistics

In May 2015, the U.S. Supreme Court denied the petition for certiorari in Dilts v. Penske Logistics, LLC. The 9th Circuit Dilts decision had reversed the District Court’s determination that the Federal Aviation...more

Myths and Masks of Legislative Policy for Whistleblower Protection

Today’s guest post is by Wendy Addison, Founder and Owner of SpeakOut SpeakUp Ltd. What has become clear is that no matter which country you reside in, which industry you work in, whether you are male or female, ...more

California Employment Law Notes - November 2015

Newly Enacted California Statutes - Paid Sick Leave Law Is Amended - The amendments to the law include a clarification as to who is a covered worker; alternative accrual and payment methods; and a grandfather...more

Employment Law - October 2015 #3

New California Employment Laws on Fair Pay, Waiver of Meal Periods - Why it matters: California continues its focus on employment-related legislation. Touted as the toughest law of its kind in the nation, Senate...more

Employers Exhale Relief, Governor Vetoes Ban on Employment Arbitration Agreements

On October 11, 2015, Governor Brown vetoed Assembly Bill No. 465. AB 465 was one of the most closely watched, controversial employment related bills passed by the California Legislature in recent memory. Understandably,...more

California Employment Law Notes - September 2015

Newly Enacted California Statutes - The Word "Alien" Is Stricken From The California Labor Code - Section 1725 of the California Labor Code defines "alien" as "any person who is not a born or fully naturalized...more

NLRB v. The Constitution: Constitution Wins

In early 1999, the Venetian Casino Resort in Las Vegas asked police officers to remove union protesters from a temporary walkway in front of the Venetian — a walkway the Venetian built on its property in exchange for the...more

Back from the Dead: Procedural Changes Coming to CHRO and New Protections for Domestic Workers

So in a post earlier on Friday, I recapped most of the employment law legislation that passed — except one. That bill, Senate Bill 446, was titled “AN ACT CONCERNING THE DEFINITION OF THE TERM “DOMESTIC WORKER”. ...more

Fifth Circuit Rejects Obama Administration’s Effort to Free Executive Actions From Injunction

On May 26, 2015 a three judge panel for the Fifth Circuit Court of Appeals rejected a request by the Obama administration to lift an injunction currently blocking aspects of President Obama’s executive action on immigration....more

Federal Court Rejects Challenge to Contractor Labor Posting Requirements

In 2010, President Obama issued Executive Order 13496 requiring federal contractors to post a new notice of employee federal labor rights. Among other things, the posting advised contractors’ employees of their rights to...more

DHS Asks Court to Dismiss Lawsuit Challenging H-4 Work Authorization

While the lawsuit challenging President Obama’s executive action continues to garner headlines, an additional lawsuit has been filed contesting another part of the executive actions that DHS is attempting to implement. This...more

Bills Propose to Reverse National Labor Relations Board Jurisdictions over Indian Tribal Governments

The National Labor Relations Act (“NLRA”) was enacted by Congress in 1935. The Act, also known as the Wagner Act after its champion, New York Senator Robert F. Wagner, passed the Senate in May 1935, the House in June 1935,...more

Illinois Supreme Court Rules Pension Reform Unconstitutional

On Friday, the Illinois Supreme Court ruled that pension reform legislation passed in 2013, commonly referred to as Senate Bill 1, violates the pension protection clause of the Illinois Constitution. The Court upheld a...more

Supreme Court Update: Williams-Yulee V. Florida Bar (13-1499), Mach Mining, LLC V. EEOC (13-1019) And Bullard V. Blue Hills Bank...

We're back with several recent decisions: Williams-Yulee v. Florida Bar (13-1499), upholding a prohibition on the personal solicitation of campaign donations by judicial candidates; Mach Mining, LLC v. EEOC (13-1019),...more

Harassment and Political Belief

In the case Henderson v GMB, the UK's Employment Appeal Tribunal (EAT) had to consider whether the claimant had been subjected to harassment related to his beliefs. The claimant in the case was a trade union official who had...more

Indiana Religious Freedom Restoration Act will not be used as a Tool for Discrimination

On April 2, 2015, the Indiana General Assembly passed, and the Governor signed, an amendment to the controversial new Indiana Religious Freedom Restoration Act ("Indiana RFRA") that explicitly prevents the statute from being...more

Supreme Court Update: Alabama Legislative Black Caucus v. Alabama (13-895), Young v. United Parcel Service, Inc. (12-1226) And...

We're back with summaries of the two remaining decisions from last week, Alabama Legislative Black Caucus v. Alabama (13-895), on racial gerrymandering in Alabama, and Young v. United Parcel Service, Inc. (12-1226),...more

State Employees Seek to Join Governor Rauner in Lawsuit against Fair Share Fees

Last week, three State of Illinois employees filed a motion to intervene in Governor Rauner’s lawsuit challenging fair share fees, which is currently pending in federal court in the Northern District of Illinois. Meanwhile,...more

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