On May 6, 2024, the Supreme Court of California held that when an employer “reasonably and in good faith” believes it complied with California’s legal requirement to provide accurate wage statements and it does not, the...more
Although the Illinois Genetic Information Privacy Act (GIPA), 410 ILCS 513/1, et seq. was largely ignored by plaintiffs’ attorneys until this year, its substantial statutory penalties and recent case law make it an enticing...more
Tucked into the state budget recently passed by the General Assembly and expected to be signed by Governor Cooper is a provision, see here (reference Part XIII. Labor, page 131), that would dramatically raise the penalties...more
The Consolidated Omnibus Budget Reconciliation Act (“COBRA”) became law on April 7, 1986. For most of its nearly 35-year history, litigation involving COBRA has been relatively quiet. Most COBRA claims are tag-alongs, added...more
On April 22, 2020, Chicago Mayor Lori Lightfoot, with the backing of several Aldermen, introduced the COVID-19 Anti-Retaliation Ordinance (the “Ordinance”), which, if enacted, would prohibit Chicago employers from retaliating...more
For employers concerned about how the Occupational Safety and Health Administration (OSHA) has been enforcing its Respirable Crystalline Silica Standard for General Industry, the agency’s enforcement data for the standard’s...more
The California Legislature and Governor Newsom have passed a sizable list of new laws governing the workplace in 2020. Employers are, once again, advised to evaluate their workplace rules and practices to insure they keep...more
Illinois Public Act 101-0221 (Public Act) creates extensive and significant new protections for employees and imposes new obligations on all Illinois employers. This Holland & Knight alert identifies unique requirements...more
It’s no secret that California is typically viewed as the most employee-friendly state in the country. New employee-favored laws are passed so quickly that employee handbooks can be rendered outdated before they go to print....more
Claim by Directional Drillers for Overtime Pay. The boom for domestic energy producers, particularly in the Permian Basin, has been accompanied by the companion challenge of how to compensate transient oilfield professionals...more
Clients often are surprised to learn they are liable for ERISA statutory penalties associated with participant document requests even though they have retained an independent third party to administer their ERISA welfare...more
On October 5, Governor Brown signed AB 450, which will go into effect on January 1, 2018. Among other things, AB 450 prohibits employers from voluntary consenting to ICE access to the worksite without a judicial warrant,...more
The year 1974 was a watershed for employee benefits. For the first time, the federal government undertook the complicated task of providing a statutory and regulatory framework for employee benefit plans and employee pension...more
A few months ago, the City of St. Petersburg amended its “Wage Theft Ordinance” to include new notice requirements and penalties for employers. As detailed below, St. Petersburg employers will now be required to provide a...more
Augustus v. ABM Security Services, Inc. On December 22, 2016, the California Supreme Court in Augustus v. ABM Security Services, Inc., ruled that California law prohibits on-duty and on-call rest periods. You may...more
This August Federal OSHA will increase its penalties for the first time since 1990. We originally thought maximum fines would increase to $12,500 for serious citations and $125,000 for willful and repeat citations. Based...more
Wow! How did this happen? Buried in the fine print of the recent budget agreement between Congress and the White House, and seemingly slipped in at the last minute with no one claiming responsibility for the change, the...more
The District of Columbia is set to implement the Wage Theft Prevention Amendment Act of 2014 (the "Act"), a measure broad in scope that amends several existing D.C. laws. ...more