Beginning on July 31, 2025, Massachusetts will join a host of other states in requiring employers to provide detailed pay disclosures in public-facing and internal employee job postings pursuant to the recently passed Frances...more
On April 23, 2024, the FTC (Federal Trade Commission) voted 3-to-2 along party lines to approve a final rule (Rule) that prevents all for-profit employers nationwide from using non-compete agreements for any worker (whether...more
California law famously bans employee noncompetition agreements, under a statute enacted in 1872. As of January 1, 2024, new amendments to this age-old statute provide clarity about what is—and is not—enforceable....more
On July 17, 2023, the California Supreme Court ruled that where an employee has brought a California Private Attorneys General Act (PAGA) action that is comprised of both individual and non-individual claims, a court order...more
7/20/2023
/ 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
In its recent McLaren Macomb decision,1 the National Labor Relations Board (NLRB) issued a ruling finding unlawful the type of nondisparagement and confidentiality provisions employers use in severance agreements with their...more
On January 5, 2023, the Federal Trade Commission (FTC) voted 3-1 to propose the Noncompete Clause Rule (the rule), which would ban essentially all noncompete clauses that employers impose on their employees and other workers....more
California and New York City are joining Colorado and Washington state in imposing pay range disclosures in job postings. On November 1, 2022, covered employers will be required to include the salary range in a job posting...more
10/24/2022
/ California ,
Disclosure Requirements ,
Employer Liability Issues ,
Human Resources Professionals ,
Job Descriptions ,
New Legislation ,
New York ,
Pay Data ,
Pay Transparency ,
Popular ,
Reporting Requirements ,
State Labor Laws ,
Wage and Hour
Employers’ use of artificial intelligence (AI) tools in making hiring and other employment decisions is drawing increased scrutiny. The Equal Employment Opportunity Commission (EEOC) published guidance on how employers’ use...more
10/7/2022
/ Algorithms ,
Americans with Disabilities Act (ADA) ,
Artificial Intelligence ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Human Resources Professionals ,
Job Applicants ,
New York ,
Popular ,
State Labor Laws
On December 15, 2021, New York City enacted the strictest vaccination mandate in the country for private sector employers. By Order of the Commission of the New York City Department of Health and Mental Hygiene, all private...more
On November 5, 2021, the Occupational Safety and Health Authority (OSHA) issued an Emergency Temporary Standard for COVID-19 Vaccinations and Testing (the ETS), which imposes obligations on many employers to implement...more
11/12/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Human Resources Professionals ,
Infectious Diseases ,
OSHA ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On September 9, 2021, President Biden announced "six broad areas of action" designed to curb the spread of COVID-19. The White House has published an outline of its "Path Out of the Pandemic" action plan. Below are the action...more
On May 18, 2021, Santa Clara County's Public Health Department issued a new order focused on safety measures designed to reduce the spread of COVID-19. The order became effective May 19, 2021, when the county entered the...more
5/28/2021
/ Business Continuity Plans ,
California ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Health and Safety ,
Human Resources Professionals ,
Infectious Diseases ,
Policies and Procedures ,
Vaccinations ,
Wage and Hour ,
Workplace Safety
COVID-19 vaccines are becoming increasingly available across the United States, and businesses across the country are preparing to return to the office. However, a recent poll found that 1 in 3 Americans say that they...more
On January 11, 2021, the mayor of the District of Columbia signed D.C. Act 25-563, the Ban on Non-Compete Agreements Amendment Act of 2020 (the Act), which was then submitted to Congress for approval in accordance with the...more
As the prospect of bringing employees back to the office becomes a reality for some employers, and draws closer for others, businesses need to ensure that they have a return to work plan that prevents the spread of COVID-19...more
While much of the country remains subject to stay-at-home orders due to the spread of COVID-19, many businesses are starting to plan for employees' return to the office. Because COVID-19 is expected to remain in the community...more
The coronavirus disease (COVID-19) continues to spread across the globe, including in the United States. California, New York, Florida, Washington, and other states have declared a state of emergency as the number of...more
Two recent cases have found that employee non-solicitation agreements, at least in the form many companies currently use, are unlawful in California. In AMN Healthcare, Inc. v. Aya Healthcare Services, Inc., 28 Cal. App. 5th...more
Once again, California's Supreme Court has underscored that California employment law can differ from federal law in significant, and typically more employee friendly, ways. In Douglas Troester v. Starbucks Corporation,1 a...more
As summer approaches, many employers are considering “hiring” summer interns, as well as what to pay them, if anything. Some employers will consider engaging the services of unpaid interns, sometimes at the request of eager...more
California has joined a growing number of cities and states seeking to advance gender pay equity by passing laws prohibiting employers from asking job applicants about their salary histories.1 Effective January 1, 2018,...more
On May 4, 2017, New York City Mayor Bill de Blasio signed into law a bill that makes it an "unlawful discriminatory practice" for New York City employers to inquire about a job applicant's salary history, or to rely upon...more
In non-competition agreement disputes involving California employees, it is common to encounter an agreement stating that the law of another state governs the non-compete. Since non-competes in California are generally...more
Employers frequently struggle with determining when a service provider should be classified as an independent contractor, as opposed to an "employee." Getting the answer to that question wrong can prove significant in many...more
The California Supreme Court has upheld the use of class action waivers in mandatory arbitration agreements. In Iskanian v. CLS Transportation of Los Angeles (June 23, 2014), the court held that a state's refusal to enforce...more
6/27/2014
/ Arbitration ,
Class Action ,
Class Action Arbitration Waivers ,
CLS Transportation ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
Iskanian ,
Mandatory Arbitration Clauses ,
Private Attorneys General Act (PAGA) ,
Trucking Industry