The Ohio Pay Stub Protection Act, which requires employers to provide earnings and deductions statements to their employees, will take effect on April 9, 2025....more
On July 25, 2024, the California Supreme Court unanimously ruled that Uber Technologies Inc. (“Uber”) and Lyft Inc. (“Lyft”) can continue classifying their California drivers as independent contractors....more
As we reported here, California lawmakers recently came to terms on a PAGA replacement bill. While this law was touted as a grand compromise intended to benefit both employees and employers, its effectiveness in reducing the...more
As we reported here, California voters had been tasked with deciding the future of California’s controversial Private Attorneys General Act (“PAGA”).
PAGA gives individual employees the right to step into the shoes of...more
A bill on the ballot in California this November asks the state’s voters to give the controversial Private Attorney General’s Act (PAGA) a final approval or rejection. ...more
A new California law, Senate Bill 848 (“S.B. 848”), which takes effect on January 1, 2024, will require businesses to grant eligible employees up to five days off following a qualifying reproductive loss event. This new law...more
On September 6, 2023, New York Governor Kathy Hochul signed legislation making failure to pay wages a criminal offense. The new law, (S2832-A/A154-A), expands New York’s definition of larceny to include “wage theft,”...more
On September 6, 2023, New York Governor Kathy Hochul signed legislation prohibiting employers from disciplining employees who choose not to attend captive audience meetings. Enactment of this legislation comes as no surprise,...more
Minnesota is the most recent state to enact a mandatory paid family and medical leave program, joining 11 other states and Washington D.C. in implementing paid leave laws. With a paid leave proposal being passed by the state...more
As of today, so-called “right-to-work” (“RTW”) laws are effective in 27 states. These laws ensure that no worker can be required, as a condition of employment, to join or not join, nor pay dues to, a labor union, as permitted...more
3/28/2023
/ Governor Whitmer ,
New Guidance ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Non-Disclosure Agreement ,
Non-Disparagement Provisions ,
Repeal ,
Restrictive Covenants ,
Right to Work ,
Severance Agreements ,
State Labor Laws ,
Union Dues ,
Unions
Last week, the Ninth Circuit issued a significant ruling in Chamber of Commerce v. Bonta, concluding that California’s Assembly Bill 51 (“AB 51”) is preempted by the Federal Arbitration Act (“FAA”). AB 51, which was passed by...more
2/27/2023
/ Arbitration ,
Arbitration Agreements ,
Chamber of Commerce ,
Class Action ,
Employment Litigation ,
Federal Arbitration Act ,
Preemption ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Viking River Cruises ,
Viking River Cruises Inc v Moriana
As the calendar turns to 2023, employers in several states are currently navigating or preparing to navigate laws mandating the provision of paid family and medical leave (“PFML”), i.e., partially paid, job-protected leave,...more
On December 21, 2022, Governor Kathy Hochul signed legislation establishing a statewide pay transparency law in New York State. The new law (S.9427-A/A.10477) requires employers to list salary ranges for all advertised jobs...more
California employers will need to increase pay transparency beginning January 1, 2023. Governor Newsom signed Senate Bill 1162 (“S.B. 1162”) on September 27, 2022, amending California Labor Code § 432.3.
Prior to...more
On September 30, 2022, California Governor Gavin Newsom signed a new law (Senate Bill 951 or “SB951”) providing for increased benefits for workers taking paid family leave. The existing California Paid Family Leave law...more
Employers in approximately a dozen states and twice as many cities and counties should expect significant hikes in minimum wage rates for 2023. Many of these hikes are due to state and local laws which account for...more
In July, the Michigan Court of Claims invalidated the State’s current laws regarding minimum wage and sick leave. As we noted in an earlier alert, the fallout from this ruling could equate to a significant increase in the...more
On June 15, 2022, in Viking River Cruises vs. Moriana, the U.S. Supreme Court ruled 8-1 (with Justice Thomas the lone dissenter) that employers can compel arbitration of an employee's individual claims regarding labor code...more
6/17/2022
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Employment Litigation ,
Federal Arbitration Act ,
Labor Law Violations ,
Preemption ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
State Labor Laws ,
Viking River Cruises ,
Viking River Cruises Inc v Moriana ,
Waivers
Employers in Maryland will soon have to fund and administer a new paid leave benefit to employees in the state. Last week, Maryland’s legislature overrode a veto from Governor Larry Hogan to push through the Time to Care Act,...more
In the past few months, there have been several developments regarding California’s controversial Private Attorneys General Act (“PAGA”) and similar legislation making its way through other states.
PAGA permits workers to...more
In the past few weeks, federal and state decisions in California regarding various employment-related claims in California, but particularly addressing California’s demanding pay statement requirements, provided helpful and...more
On April 28, 2021, the United States Court of Appeals for the Ninth Circuit held that the application of California’s Assembly Bill 5 (“AB5”) to motor carriers is not preempted by the Federal Aviation Administration...more
On March 29, 2021, a new law took effect in California requiring most employers to provide supplemental paid sick leave to employees for a variety of COVID-19-related circumstances. The new law, approved by Governor Newsom on...more
4/2/2021
/ Coronavirus/COVID-19 ,
Families First Coronavirus Response Act (FFCRA) ,
Governor Newsom ,
New Legislation ,
Notice Requirements ,
Paid Sick Leave ,
Retroactive Application ,
Sick Leave ,
State Labor Laws ,
Supplemental Benefits ,
Tax Credits ,
Vaccinations ,
Wage and Hour
On January 14, 2021, the California Supreme Court in Vasquez v. Jan-Pro Franchise International, Inc. held that the three-part “ABC” test previously set forth in Dynamex Operations West Inc. v. Superior Court also applies...more
On January 14, 2021, the California Supreme Court in Vasquez v. Jan-Pro Franchise International, Inc. held that the three-part “ABC” test previously set forth in Dynamex Operations West Inc. v. Superior Court also applies...more
1/19/2021
/ ABC Test ,
CA Supreme Court ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
Retroactive Application ,
State Labor Laws ,
Wage and Hour