News & Analysis as of

Wage and Hour Contract Terms

Epstein Becker & Green

Coming or Going? Employer Training Draws Focus of Federal Regulators

Epstein Becker & Green on

The Clash famously asked “Should I stay, or should I go?” on their 1982 album, Combat Rock, and with recent attacks on non-competes at both the state and federal level, some employers are imposing additional costs on...more

Lathrop GPM

First Circuit Certifies Second Employee Misclassification Question to Massachusetts Supreme Court in Ongoing 7-Eleven Case

Lathrop GPM on

The First Circuit Court of Appeals recently certified to the Massachusetts Supreme Court the question of whether franchisee plaintiffs in an ongoing case pass the threshold inquiry under the state’s three-prong employee...more

Lathrop GPM

California Federal Court Declares Arbitration Clause Unenforceable

Lathrop GPM on

In Munoz, v. Earthgrains Distribution, LLC, 2023 WL 5986129 (S.D. Cal. Sept. 13, 2023), the plaintiffs, members of a class of independent distributors of baked goods for Earthgrains and other bakeries, alleged that they were...more

Barnea Jaffa Lande & Co.

Contract Workers’ Hourly Wages in Israel

The Law for Increased Enforcement of Labor Laws recently marked one decade since its enactment. Since then, we have waited for the enactment of regulations stipulating service contractors’ obligatory mode of calculation of...more

Ervin Cohen & Jessup LLP

Los Angeles Enacts Freelance Worker Protections Ordinance

With the stated purpose of providing protection to freelance workers who may struggle to receive timely and full payment for their services, the city of Los Angeles has established an ordinance which will require hiring...more

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

German Federal Labor Court: Employers May No Longer Cite ‘Better Negotiating Skills’ as an Argument for Unequal Pay

In the past, the argument was often made that a female employee might not be entitled to a differential compensation claim due to lower pay compared to a male colleague, if the higher salary of the male colleague who...more

Holland & Knight LLP

ANH en Colombia Actualiza tarifas para el año 2023, correspondientes a Derechos Económicos

Holland & Knight LLP on

La Agencia Nacional de Hidrocarburos (ANH) de Colombia, el 26 de enero del 2023, expidió la Circular 0002 por medio de la cual se actualizan las tarifas para el año 2023, correspondientes a derechos económicos pactados en los...more

Stikeman Elliott LLP

Competition Bureau Publishes New Draft Enforcement Guidelines on Wage-Fixing and No Poaching Agreements

Stikeman Elliott LLP on

On January 18, 2023, the Competition Bureau published draft enforcement guidelines on wage-fixing and no poaching agreements, inviting interested parties to provide their comments no later than March 3, 2023. The draft...more

Schwabe, Williamson & Wyatt PC

FTC Proposes Regulations Barring Non-Compete Agreements

On July 9, 2021, President Biden signed an Executive Order requesting that agencies, including the Federal Trade Commission (FTC), issue rules banning employers from entering non-compete agreements with employees. Following...more

Proskauer - Law and the Workplace

SCOTUS Takes a Pass on “Gap Time” Dispute

It’s two months into argument season at the Supreme Court, and we’re always keeping our fingers crossed that the justices will take up a wage and hour issue and clear up some ambiguities in the law or a circuit split. ...more

Lowenstein Sandler LLP

Sign on the Dotted Line: Negotiating an Effective Employment Agreement

Lowenstein Sandler LLP on

James Gregory, Batool T. Banker, and Taryn E. Cannataro of Lowenstein’s Employee Benefits & Executive Compensation practice lay out tips for negotiating a fulsome executive employment agreement for both new hires and existing...more

Latham & Watkins LLP

Due Diligence: The Key Ingredient in Restaurant M&A

Latham & Watkins LLP on

Due diligence on restaurant companies should factor in industry-specific legal and operational risks. Buyers acquire restaurant companies to access new brands, expand and diversify, or vertically integrate. Attractive...more

Littler

Savings Clause Results in Oregon Supreme Court Affirming Enforceability of Arbitration Provision

Littler on

On July 8, 2022, in Gist v. ZoAn Management, Inc., the Oregon Supreme Court affirmed the decisions of the trial court and court of appeals granting the defendants’ motion to compel arbitration.  The court concluded that...more

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

California Supreme Court Gives Employee Two Bites of the Class Action Apple

On June 30, 2022, the Supreme Court of California issued a decision in Grande v. Eisenhower Medical Center, No. S261247, that could have a far-reaching impact on the relationships between staffing companies and their clients....more

Nelson Mullins Riley & Scarborough LLP

State Law Restrictive Covenants Update

Nelson Mullins is continuously monitoring trends and state law changes regarding restrictive covenants in employment agreements.  Several states have recently enacted or modified legislation that may significantly restrict an...more

Hogan Lovells

The Reform Of The German Nachweisgesetz And Its Consequences For Employment Contracts

Hogan Lovells on

With effect from 1 August 2022, the German Act on Proof of the Essential Working Conditions (Nachweisgesetz – “Act on Proof”) will undergo the most comprehensive reform since it entered into force in 1995. The government...more

Bracewell LLP

UAE Employment Law Update

Bracewell LLP on

2 February 2022 saw the introduction of a new UAE Labour Law in the form of UAE Federal Law No. 33 of 2021, Regulating Labour Relations (“New Law”), repealing the existing UAE Labour Law, UAE Federal Law No. 8 of 1980 as...more

Venable LLP

Don't Get Nailed: How General Contractors May Avoid Getting Hammered Under New York's Construction Wage Theft Law

Venable LLP on

As you know - in a move dramatically expanding wage liability for most construction contracts created or modified on or after January 4, 2022 - the New York State legislature amended the Labor Law last year to hold a general...more

Littler

Ontario, Canada Court Concludes Secondment Agreement Was Not a Fixed-term Employment Agreement

Littler on

In Nader v. University Health Network, 2022 ONSC 447, the court examined the language of a secondment agreement and concluded that the plaintiff-employee was not a fixed-term employee of the organization to which he was...more

Schwabe, Williamson & Wyatt PC

Federal Contractors Must Pay Workers At Least $15 Hourly According to New Department of Labor ‎Rule

Starting January 30, 2022, new federal contracts that are not procurement contracts must include a clause requiring federal contractors to pay at least $15 per hour to workers performing work on or in connection with the...more

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

German Federal Labor Court States Employers Must Provide Employees With Work Equipment

On November 10, 2021, Germany’s Federal Labor Court (Bundesarbeitsgericht) ruled (Case No. 5 AZR 334/21) that employers must provide employed bicycle couriers with all the equipment essential for the performance of their...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Independent or Intertwined?

This week, the Ninth Circuit simultaneously issued two decisions addressing the circumstances in which equitable estoppel can require a plaintiff to arbitrate a claim absent an arbitration agreement with the defendant. In the...more

Parker Poe Adams & Bernstein LLP

New Executive Order Sets $15 Minimum Wage For Federal Contractors

On April 27, President Biden issued an executive order requiring federal contractors and covered subcontractors to pay a $15 per hour minimum wage beginning January 30, 2022. The order also requires contractors to incorporate...more

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

Long Beach ‘Hero Pay’ Ordinance Survives Preliminary Injunction

On February 25, 2021, the U.S. District Court for the Central District of California denied a motion for preliminary injunction brought by the California Grocers Association (CGA) against the City of Long Beach. In California...more

Fox Rothschild LLP

WHIPLASH! A Stunningly Fast Reversal Of Labor Policies

Fox Rothschild LLP on

It was predictable – even inevitable – that the Biden administration would reverse much of Trump’s labor oeuvre. But no one could have predicted how quickly! In a little more than a month, the administration has:...more

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