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Labor Code Hiring & Firing

Seyfarth Shaw LLP

DraftKings Dispute with Former Executive Presents Battle Over Choice of Law for Non-Compete Agreements

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The ongoing battle between DraftKings Inc. and its former executive, Michael Hermalyn, remains contentious, with the District of Massachusetts’ decision to enforce Hermalyn’s non-compete now appealed and argued to the First...more

Blake, Cassels & Graydon LLP

Préavis de licenciement : de nouvelles règles s’appliquent aux licenciements individuels en vertu du Code canadien du travail

Des modifications apportées aux exigences relatives aux licenciements individuels prévues au Code canadien du travail (le « CCT ») sont entrées en vigueur le 1er février 2024. Ces modifications ont été adoptées par suite de...more

Blake, Cassels & Graydon LLP

Giving Notice: Individual Terminations Subject to New Rules in Canada Labour Code

Changes to requirements regarding individual terminations in the Canada Labour Code (CLC) came into effect on February 1, 2024. The amendments were enacted by the Budget Implementation Act, 2018, No. 2. Federally regulated...more

Goodwin

Horizon Scanning - UK Employment Law Developments 2024

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As employees return from the holiday season and businesses reopen, employers and HR leaders should be mindful of key employment developments in 2024 that may affect their workforce. 2024 will see a number of legislative...more

Ervin Cohen & Jessup LLP

California Expands Right to Recall for Hospitality Employees

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During the height of the COVID-19 pandemic in 2020, California enacted a temporary right to recall for hospitality employees, codified as Labor Code section 2810.8. This law covers laid-off employees who were employed for the...more

Troutman Pepper

Unpacking California’s 2024 Employment Laws: Key Changes Employers Need to Know

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California enacted several new employment laws for 2024, summarized below, including expanded paid sick leave, leave for reproductive loss, protections for employee cannabis use, additional noncompete enforcement limitations,...more

Weintraub Tobin

Where Agreements Won’t Work – A Word to the Wise Regarding Strict Wage and Hour Liability and Related Claims

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I. SYNOPSIS- Ed was a vibrant and healthy 85-year-old. One day, he decided to sign an advance healthcare directive providing that if his physical condition ever declined, he wished to remain in his home as long as...more

CDF Labor Law LLP

Navigating Employee Vacation Pay and Accrual in California: A Guide for Employers

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As reported in last month’s CDF Wage & Hour Task Force blog post, a recent Ninth Circuit panel in Harstein v. Hyatt Corporation, held that employees who were “laid off” at the beginning of the COVID-19 pandemic, March 2020,...more

CDF Labor Law LLP

Furloughs Trigger Employer’s Obligation To Pay Final Wages Immediately

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A recent Ninth Circuit panel held that Hyatt employees who were “laid off” in March 2020 were entitled to payment of their accrued vacation time immediately, even though the employees were not officially terminated until June...more

Seyfarth Shaw LLP

Navigating the New World of Work: Is Contracting on the Way Out?

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Seyfarth Synopsis: The use of contracting arrangements is widespread; however, around the world, we are seeing trends suggesting this type of work arrangement may become more restricted, higher cost or higher risk to...more

Troutman Pepper

California Court of Appeal Holds That Onboarding Documents Affect Enforceability of Otherwise Valid Arbitration Agreement

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Q. As part of the employee onboarding process, my company requests that employees sign several documents, including an arbitration agreement and confidentiality agreement, on the first day of employment. Is the arbitration...more

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Adopts Broader Definition of “Disclosure” Under State Whistleblower Law

In People ex rel. Garcia-Brower v. Kolla’s, Inc., the California Supreme Court resolved a split between the Courts of Appeal for the First and Second Districts over whether a protected “disclosure” under Labor Code section...more

Seyfarth Shaw LLP

Whistleblower “Disclosure” Includes Information Already Known to Employer

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Seyfarth Synopsis: California Labor Code section 1102.5 protects employees who disclose what they believe to be violations of the law. The Supreme Court of California has ruled that such disclosures are protected even if the...more

Orrick, Herrington & Sutcliffe LLP

Key Issues for Employers following the Silicon Valley Bank and Signature Bank Closures

Despite the joint statement by the Treasury Department, the Federal Reserve and the FDIC, many of our clients continue to ask about state law restrictions related to postponing payroll for employees...more

McDermott Will & Emery

Ninth Circuit Holds That California AB 51 Is Preempted by the FAA

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As of February 15, 2023, employers in California may once again require mandatory arbitration as the US Court of Appeals for the Ninth Circuit held that the Federal Arbitration Act (FAA) preempts Assembly Bill 51 (AB 51), a...more

Littler

UK Government Issues New Draft Code of Practice on Dismissal and Re-engagement

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In late January 2023, the UK Government published a draft Code of Practice on Dismissal and Re-engagement. The trigger for the draft Code was the increased attention on the use of dismissal and re-engagement (also known as...more

Lewitt Hackman

Labor Commissioner’s Office Publishes Guidance Re Transparency Act and Disclosure of Pay Scales

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As many employers already know, California imposes several restrictions concerning pay disclosures. Labor Code Section 432.3 prohibits employers from inquiring into and relying on an applicant’s salary history and further...more

K&L Gates LLP

The French Supreme Court Confirms the Maximum Amount of Damages for Unfair Dismissal

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The French Supreme Court confirmed the application of the scale provided by the French labor code for claims of unfair dismissal (called the Macron Scale) in two decisions dated 11 May 2022,2 thereby providing some security...more

CDF Labor Law LLP

Meal Premiums Now Considered A “Wage” By California Supreme Court In Naranjo v. Spectrum Security Services, Inc.

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Earlier this week, the California Supreme Court added another layer of complexity to California’s already-onerous wage and hour regulatory scheme. In this week’s development, the California Supreme Court held in Naranjo v....more

Fisher Phillips

California Supreme Court Says Payments for Missed Breaks are “Wages”: A 3-Step Action Plan for Employers

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The California Supreme Court ruled Monday that any premiums paid to employees who are unable to take a full and timely meal or rest period should be considered “wages,” which not only triggers two key obligations on the part...more

Littler

California Supreme Court Confirms Applicability of Derivative Waiting Time Penalty and Wage Statement Claims for Meal and Rest...

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In another unfavorable ruling for employers that stresses the importance of meal period and wage statement compliance, the California Supreme Court has held in Naranjo v. Spectrum Security Services, Inc. that meal period and...more

Proskauer Rose LLP

California Employment Law Notes - May 2022

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Former UCLA Physician Can Proceed With Whistleblower Claims - Scheer v. The Regents of the Univ. of Cal., 76 Cal. App. 5th 904 (2022) - Arnold Scheer, M.D., M.P.H., sued the Regents of the University of California and...more

Hogan Lovells

Our Employment Law team reviews interesting recent case law

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News from our Employment Law team on: several rulings of the Court of Cassation specifying (i) the possible sequencing of a reorganization project involving the implementation of a PSE (ii) the conciliation between a PSE and...more

Hogan Lovells

Notre équipe en Droit Social revient sur plusieurs jurisprudences récentes

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Actualités de notre équipe en Droit Social sur : plusieurs arrêts de la Cour de cassation précisant (i) le séquencement possible d’un projet de réorganisation impliquant la mise en œuvre d’un PSE (ii) la conciliation entre...more

Manatt, Phelps & Phillips, LLP

California Supreme Court Sets Framework for Whistleblower Retaliation Claims

A territory manager for paint and coatings manufacturer PPG Architectural Finishes, Wallen Lawson was responsible for stocking and merchandising PPG paint products in Lowe’s home improvement stores in Southern California....more

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