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California Senate Bill 399: Captive Audience Law Challenged in Federal Lawsuit

As of January 1, 2025, Senate Bill (SB) 399, the California Worker Freedom from Employment Intimidation Act (the Act), prohibits employers from subjecting or threatening to subject employees to discrimination, retaliation,...more

Compliance Tips for Retailers During the Holiday Season

The holiday season marks the busiest time of the year for retailers. Filled with holiday cheer, many shoppers look forward to availing themselves of ever-enticing holiday deals. To fully capitalize on the most wonderful...more

The New Administration’s Impact on Retailers

With a new administration reshaping the political landscape, retailers are preparing for policy shifts that may greatly influence their operations. In this Update, we explore the potential changes and challenges on the...more

2024 California Labor, Employment, and Independent Contractor Legislative Update

With the 2024 California legislative year closed, it is once again time to summarize the new legislation that will affect businesses operating within California and highlight relevant action items related to this legislation....more

Texas District Court Upends FTC Noncompete Rule

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

AI in Video Games: The Next Big Labor Strike

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

California Significantly Amends Private Attorneys’ General Act

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

Valentine’s Day Marks Compliance Deadline for California Noncompete Notification Requirement

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

Five Questions Companies Are Asking About DOL's New Independent Contractor Rule - Updated

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

2023 California Labor, Employment, and Independent Contractor Legislative Update

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

New California State Law Addresses Noncompete Agreements

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 Supreme Court Limits Utility of Arbitration Agreements for PAGA Claims

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

The Supreme Court Decision Heightens Undue Hardship Standard Applicable to Workplace Religious Accommodations

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

Deadline Looms Under California Pay Data and Disclosure Law

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

NLRB General Counsel Issues Guidance Regarding NLRB’s Ruling on Employee Severance Agreements

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

Time To Update Arbitration Agreements—Mandatory Arbitration Is Again Permissible in California

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

Wage and Hour Compliance: Overtime and Regular Rate

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

Wage and Hour Compliance: Meal and Rest Breaks

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

New Series: Employment Law and the Cannabis Industry

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

California COVID-19 Employment Regulations Extended Through 2023

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

California To Protect Employee Off-Duty Cannabis Use Effective 2024

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

Ninth Circuit Rules Time Booting Up Computer May Be Compensable Under FLSA

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

Are We All “Manual Workers” Under New York Law?

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

San Francisco’s New Public Health Emergency Law Creates Mandatory Paid Leave

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

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