In the case of Ryan LLC v. Chamber of Commerce of the United States of America, et al., Judge Ada Brown of the U.S. District Court for the Northern District of Texas issued an order with “nationwide effect” on August 20,...more
8/26/2024
/ Administrative Procedure Act ,
Arbitrary and Capricious ,
Employees ,
Employer Liability Issues ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Lack of Authority ,
Non-Compete Agreements ,
Regulatory Authority ,
Set-Asides ,
Statutory Authority ,
Texas
Fresh off the heels of strikes by both the Screen Actors Guild – American Federation of Television and Radio Artists (SAG-AFTRA) and the Writers Guild of America (WGA) that effectively halted the making of movies and TV shows...more
Over the years, California’s Private Attorneys General Act of 2004 (PAGA) has provided a procedurally convenient means for employees to seek expansive penalties for employers’ alleged violations of California’s very technical...more
7/12/2024
/ California ,
Class Action ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Labor Code ,
Labor Law Violations ,
Labor Reform ,
Private Attorneys General Act (PAGA) ,
Regulatory Agenda ,
State Labor Laws ,
Wage and Hour
For some time now, California law has generally prohibited employers from entering into post-employment noncompete agreements with employees unless an exception applies. The basis for this prohibition is found in Section...more
The U.S. Department of Labor (DOL) published its final independent contractor rule on January 10, 2024. The final rule revises the Trump administration’s interpretation of “employee” under the Fair Labor Standards Act (FLSA)...more
1/17/2024
/ ABC Test ,
Classification ,
Commercial Litigation ,
Department of Labor (DOL) ,
Employee Definition ,
Employees ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Independent Contractors ,
New Rules ,
Rulemaking Process ,
Wage and Hour
With the 2023 California legislative year closed, it is once again time to summarize the new legislation that will affect businesses operating within the state and highlight relevant action items related to these bills. Below...more
10/24/2023
/ Arbitration ,
Coronavirus/COVID-19 ,
Criminal Background Checks ,
Defamation ,
Disclosure Requirements ,
Discrimination ,
Employer Liability Issues ,
Employment Contract ,
Labor Reform ,
Labor Regulations ,
Medical Leave ,
Minimum Wage ,
Non-Compete Agreements ,
Popular ,
Reporting Requirements ,
Reproductive Healthcare Issues ,
Retaliation ,
Sick Leave ,
State Labor Laws ,
Venture Capital ,
Wage and Hour ,
Workplace Safety
As most companies are aware, absent specific exceptions, under California Business and Professions Code (Code) Section 16600, California generally prohibits employers from entering into contracts with employees that preclude...more
California’s Private Attorneys General Act (PAGA) authorizes current and former employees to bring a representative action for civil penalties on behalf of the state against an employer for Labor Code violations committed...more
7/21/2023
/ Arbitration ,
Arbitration Agreements ,
CA Supreme Court ,
Class Action ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Federal Arbitration Act ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
Viking River Cruises Inc v Moriana
The Supreme Court of the United States issued its opinion in Groff v. DeJoy (opinion here) on June 29, 2023, holding that Title VII requires an employer denying a religious accommodation to show that granting the...more
7/3/2023
/ Americans with Disabilities Act (ADA) ,
Certiorari ,
Civil Rights Act ,
De Minimus Doctrine ,
Disability Discrimination ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Groff v DeJoy ,
Religious Accommodation ,
Religious Discrimination ,
SCOTUS ,
Title VII ,
Undue Hardship ,
USPS
Though other aspects of California’s pay data reporting law, SB 1162 (codified in Government Code section 12999), became effective January 1, 2023, one requirement of the new law comes due May 10, 2023.
In addition to...more
In February 2023, the National Labor Relations Board (NLRB or the Board) ruled in McLaren Macomb, 372 NLRB No. 58 (2023), that employee severance agreements with overly broad confidentiality and nondisparagement provisions...more
California employers with employees and job applicants subject to the Federal Arbitration Act (FAA) can once again require such individuals to sign arbitration agreements as a condition of employment.
On February 15,...more
This blog series addresses common employment-related issues for cannabis industry professionals.
This post addresses overtime rate requirements that manufacturers and retailers of cannabis products should consider to...more
2/1/2023
/ Cannabis-Related Businesses (CRBs) ,
Employees ,
Employer Liability Issues ,
Legislative Agendas ,
Manufacturers ,
Marijuana Related Businesses ,
Non-Exempt Employees ,
Over-Time ,
Regulatory Agenda ,
Retailers ,
State and Local Government ,
Wage and Hour
This blog series addresses common employment-related issues for cannabis industry professionals.
This post addresses meal and rest break requirements manufacturers and retailers of cannabis products should consider to...more
This blog series addresses common employment-related issues for cannabis industry professionals. This first post addresses timekeeping considerations for manufacturers and retailers of cannabis products to ensure compliance...more
1/4/2023
/ Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Compliance ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Fair Labor Standards Act (FLSA) ,
Labor Regulations ,
Manufacturers ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Timekeeping ,
Wage and Hour
In 2022, California again passed assembly bills related to COVID-19. The recent legislation extended some employer obligations while easing others. Touching upon many topics, these bills address supplemental paid sick leave,...more
11/23/2022
/ California ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Grants ,
Notification Requirements ,
Paid Sick Leave ,
Popular ,
Relief Measures ,
Small Business ,
Virus Testing ,
Workers’ Compensation
California Governor Gavin Newsom signed Assembly Bill 2188 (AB 2188) into law on September 18, 2022. AB 2188 will amend the state’s employment anti-discrimination law, the Fair Employment and Housing Act (FEHA), and make it...more
The U.S. Court of Appeals for the Ninth Circuit held on October 24, 2022, in Cariene Cadena et al. v. Customer Connexx, LLC et al., No. 21-16522, that the time a group of call center workers spent booting up their computers...more
With the 2022 California legislative year closed, it is once again time to examine the new legislation that will affect entities operating within the state. Summaries of key legislation are below, with relevant action items...more
10/25/2022
/ Bereavement Leave ,
Cal-OSHA ,
California ,
California Family Rights Act (CFRA) ,
Coronavirus/COVID-19 ,
Data Reporting ,
Employee Tracking ,
Employees ,
Employer Liability Issues ,
Fast-Food Industry ,
FEHA ,
Governor Newsom ,
Healthcare Workers ,
Independent Contractors ,
Labor Reform ,
New Legislation ,
Paid Leave ,
Pay Data ,
Pay Transparency ,
Reporting Requirements ,
Rest and Meal Break ,
State Labor Laws ,
Statute of Limitations ,
Unions ,
Wage and Hour ,
WARN Act
In the retail environment, customer service is paramount. Workers spend their time answering questions, stocking shelves, organizing displays, sourcing and sizing, and, yes, even gift-wrapping sometimes. They do it all...more
Beginning October 1, 2022, when a public health emergency is in place, businesses with 100 or more employees worldwide must provide up to 80 hours of paid Public Health Emergency Leave (PHEL) each calendar year to each...more
10/3/2022
/ California ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Covered Employees ,
Covered Employer ,
Employer Liability Issues ,
Infectious Diseases ,
Paid Leave ,
Paid Sick Leave ,
Public Health Emergency ,
Regulatory Mandates ,
San Francisco ,
State and Local Government
Some employers in Florida will be prohibited from requiring their employees to attend activities that promote or otherwise endorse certain concepts related to race and sex beginning July 1, 2022...more
7/1/2022
/ Anti-Discrimination Policies ,
Bias ,
Diversity and Inclusion Standards (D&I) ,
Employee Training ,
Employees ,
Employer Liability Issues ,
Florida ,
Governor DeSantis ,
New Legislation ,
Race Discrimination ,
Sex Discrimination ,
State Labor Laws ,
Stop Woke Act
California’s Private Attorneys General Act (PAGA) is a statute that authorizes employees to bring an action for civil penalties on behalf of the state against an employer for Labor Code violations committed against the...more
6/17/2022
/ Arbitration ,
Arbitration Agreements ,
California ,
Class Action ,
Class Action Arbitration Waivers ,
Employees ,
Employment Litigation ,
Federal Arbitration Act ,
Iskanian ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
State and Local Government ,
State Labor Laws ,
Viking River Cruises ,
Viking River Cruises Inc v Moriana
The California Supreme Court, on May 23, 2022, issued a seminal opinion in Naranjo v. Spectrum Security Services, Inc., which found that employees can recover penalties for failure to timely pay wages at termination and...more
5/27/2022
/ CA Supreme Court ,
California ,
Employees ,
Employer Liability Issues ,
Labor Code ,
New Legislation ,
Penalties ,
Premium Pay ,
Rest and Meal Break ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Wage Statements
A unanimous three-judge panel reached a decision in the case of Bijon Hill v. Walmart. Last week, the U.S. Court of Appeals for the Ninth Circuit affirmed that Walmart classified a freelance model, Bijon Hill, as an...more
5/9/2022
/ Appeals ,
California ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Good Faith ,
Independent Contractors ,
Labor Code ,
Misclassification ,
Summary Judgment ,
Wage and Hour