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Appeals State Labor Laws

BakerHostetler

It’s Settled: A PAGA Plaintiff Has No Right to Intervene, Vacate or Object to Another PAGA Plaintiff’s Settlement, Affirms the...

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In a welcome win for employers, the California Supreme Court recently blocked a PAGA plaintiff’s attempt to intervene and object to another PAGA plaintiff’s proposed settlement as a matter of right, in Turrieta v. Lyft, Inc.,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Connecticut Appellate Court Finds No Associational Claims Under State’s Discrimination Law

A Connecticut appellate court recently held that the Connecticut Fair Employment Practices Act (CFEPA) does not recognize a cause of action for associational disability discrimination....more

Parker Poe Adams & Bernstein LLP

Employees Not Automatically Entitled to Attorneys' Fees Under North Carolina Wage and Hour Act

When litigating claims under the federal Fair Labor Standards Act (FLSA), litigants are aware of long-standing case law that essentially awards a prevailing plaintiff with their attorneys’ fees absent extraordinary...more

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Confirms the “Knowing and Intentional” Standard of California’s Wage Statement Law Requires a “Knowing...

In Naranjo v. Spectrum Security Services, the case’s second appearance before the California Supreme Court in two years, the Supreme Court confirmed that an employer does not incur civil penalties for failing to report unpaid...more

Goldberg Segalla

[Webinar] Labor Law Update: Spring 2024 - April 16th, 12:00 pm - 1:00 pm EDT

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Goldberg Segalla partners Theodore W. Ucinski and Kelly A. McGee will discuss the basics of NY Labor Law §§ 240(1), 241(6), and 200, as well as recent cases of interest from the Court of Appeals and Appellate Division. This...more

Parker Poe Adams & Bernstein LLP

Eleventh Circuit Won't Remove Block on Florida Anti-DEI Training Law

On Monday, a unanimous panel of the Eleventh Circuit Court of Appeals refused to reverse an injunction barring enforcement of portions of Florida’s Individual Freedom Act. The law in question would bar employers from...more

Proskauer Rose LLP

Future Not Looking Bright For California Employee Nonsolicits

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On Jan. 1, new legislation aimed at curbing the use of unenforceable noncompete agreements took effect in California. The new laws, which impose potentially harsh consequences on employers for requiring employees to sign...more

Goldberg Segalla

Slip Sliding Away: NY Court of Appeals Expands the Scope of Slipping Hazards under Industrial Code § 23-1.7(d)

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The New York Court of Appeals recently expanded the types of hazards encompassed by Industrial Code § 23-1.7(d). In so doing, the court increased the likelihood of Labor Law § 241(6) liability for property owners, contractors...more

Foley & Lardner LLP

California Supreme Court Limits Manageability Defense to PAGA Claims

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On January 18, 2024, the California Supreme Court issued a highly anticipated decision in Estrada v. Royalty Carpet Mills, Inc., determining whether trial courts can dismiss Private Attorneys General Act (PAGA) claims as...more

Davis Wright Tremaine LLP

New York Court Ruling Could Slow 'Frequency of Pay' Lawsuits Brought by Manual Workers

Following a recent court decision and pronouncement from the governor, New York employers may see a decline in the number of "frequency of pay" lawsuits brought by manual workers for failure to pay on a weekly basis. This...more

Proskauer - California Employment Law

The Case for a PAGA Adequacy Requirement

In Arias v. Superior Court, 46 Cal. 4th 969 (2009), the California Supreme Court ruled that Private Attorneys General Act (PAGA) actions need not satisfy class action requirements, and in the fourteen years since, PAGA...more

Goldberg Segalla

[Webinar] Labor Law Update: Fall 2023 - December 12th, 12:00 pm - 1:00 pm EST

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Goldberg Segalla partners Theodore W. Ucinski and Kelly A. McGee will discuss the basics of NY Labor Law §§ 240(1), 241(6), and 200, as well as recent cases of interest from the Court of Appeals and Appellate Division. This...more

Fisher Phillips

Federal Appeals Court Makes Clear that New York’s Equal Pay Law is Stricter than Federal Law: What Employers Need to Know

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A federal appeals court recently made clear that judges must evaluate equal pay claims separately under federal law and New York’s separate equal pay law because the scope of the NY law is broader and could capture more legal...more

Fisher Phillips

Here Are the Top 10 New Laws Coming Soon to California Workplaces and 5 Key Bills the Governor Surprisingly Vetoed

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California employers know that the new year inevitably brings new workplace laws that are finalized at the end of the state’s legislative session in the fall. This year, state lawmakers considered over 2,700 bills – the most...more

Harris Beach PLLC

Construction Site Hazardous Openings Must be Guarded by a “Substantial” Cover

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Labor Law § 241(6) imposes a non-delegable duty on property owners and general contractors to provide construction, excavation or demolition workers with proper safety precautions set forth in Part 23 of Title 12 of the New...more

Payne & Fears

Key California Employment Law Case Summaries: August 2023

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Summary -   Emergency Rule 9, which tolled statutes of limitations for six months due to the COVID-19 pandemic, is valid and operates to extend the time to file a civil suit for a PAGA claim as well as the time period to...more

Meyers Nave

Recent Developments Since the Viking River Cruises Decision: 5 Key Things California Employers Need To Know

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What Happens to the “Non-individual” PAGA Claims Now that Viking River Cruises Compels Arbitration of the “Individual” PAGA Claim? The U.S. Supreme Court’s 2022 decision in Viking River Cruises v. Moriana was widely seen...more

Proskauer - California Employment Law

Under-the-Radar Concessions in Adolph Could Shorten PAGA’s Parade Of Horribles

On May 10, 2023, the California Supreme Court heard oral argument in Adolph v. Uber Technologies, Inc., a closely watched case that will decide whether a Private Attorneys General Act (PAGA) plaintiff loses standing to pursue...more

CDF Labor Law LLP

Naranjo v. Spectrum Security Services, Inc.

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Earlier this week, the California Court of Appeal reached a decision that may ease employers’ worries when presented with a wage and hour lawsuit. California’s plaintiff-friendly laws provide avenues for plaintiffs to...more

Foley & Lardner LLP

Mandatory Arbitration Lives on in California: Ninth Circuit Strikes Down AB 51

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Mandatory arbitration agreements have been the subject of considerable litigation in California. As we previously reported, much of this discord stems from 2019’s Assembly Bill 51 (AB 51), which broadly prohibited employers...more

Fenwick & West LLP

Ninth Circuit Panel Rules That AB 51 Is Preempted by Federal Law and Unenforceable

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On the heels of more than three years of legal challenges (summarized here) to California’s AB 51, which prohibits employers from requiring employees to arbitrate disputes under the state’s Labor Code and Fair Employment and...more

Proskauer - California Employment Law

January 2023 California Employment Law Notes

Age/National Origin Case Was Properly Dismissed Despite “Direct Evidence” Of Discriminatory Animus - Opara v. Yellin, 57 F.4th 709 (9th Cir. 2023) - Joan Opara was terminated from her employment as an IRS revenue...more

Miller Canfield

Michigan Court of Appeals: ‘Adopt And Amend’ Strategy Is Constitutional; Current Paid Medical Leave and Minimum Wage Laws Remain...

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​​​​​​​In a unanimous decision (Mothering Justice, et al. v Attorney General) issued January 26, 2023, the Michigan Court of Appeals overturned a July 2022 Court of Claims ruling that the Michigan Legislature lacked the...more

Weintraub Tobin

Podcast: California Employment News - Time to Do Away With Rounding Policies

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Recent case law has brought time rounding policies into question. In this episode of California Employment News, Meagan Bainbridge and Katie Collins review the California Court of Appeal’s recent ruling in Camp v. Home Depot,...more

Payne & Fears

Key California Employment Law Case Summaries: September, October, and November 2022

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Summary - Where an employer can and does track the exact time in minutes that its employees work each shift, and those records show that employees were not paid for all the time they worked, neutral time rounding is not a...more

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