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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

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

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

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

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

Florida Bans Mandatory WOKE Workplace Activities

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

CA Court Confirms Employers Must Timely Pay and Report Meal Period Premiums or Face Additional Penalties

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

Rare Employer Victory in CA Misclassification Case

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

New Law Ends Forced Arbitration of Sexual Assault and Sexual Harassment Disputes

President Biden signed H.R. 4445, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (the Act), into law on March 3, 2022. Effective immediately, the Act amends the Federal Arbitration Act (FAA) to...more

Employers Are Offering Different Types of Shots at This Year’s Holiday Parties

Employer vaccination policies are probably the hottest workplace topic in this final quarter of the calendar year. Some employers are even planning to offer COVID-19 vaccination shots at holiday parties to make it easier for...more

Frequently Asked Questions on OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued its long-awaited emergency temporary standard (ETS) requiring all employers with a total of 100 or more employees to mandate...more

2021 California Labor, Employment, and Independent Contractor Legislative Update

With the 2021 California legislative year closed, it is now time to examine the new legislation that will affect California companies. We have summarized the key new legislation below, with relevant action items noted....more

COVID-19 Vaccine Questions Answered - Update

With the surge of COVID-19 cases due to the Delta variant, many employers are considering whether to require employees to be vaccinated, how to encourage employee vaccinations, and the implications of vaccine policies for...more

While Rounding Time Entries Can Be Permissible for Working Hours, the California Supreme Court Has Now Held It Is Not Permissible...

California law generally requires that employers provide nonexempt employees an uninterrupted nonworking 30-minute meal period to begin before the end of the fifth hour of work. These requirements apply even if the employee...more

The Ninth Circuit Clarifies When California Law Applies to Employees With Remote Workplaces

Two recent decisions clarified the circumstances under which California law applies to remote workers. In Bernstein v. Virgin America, Inc., ___ F.3d ___, 2021 WL 686281 (9th Cir. 2021), the U.S. Court of Appeals for the...more

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