Minnesota employers should be aware of several new employment laws that were included in the Omnibus Labor and Industry Policy bill and Omnibus Tax bill that were signed into law at the end of May, just before the close of...more
7/15/2024
/ Earned Sick and Safe Time Act ,
Employee Benefits ,
Employees ,
Employer Liability Issues ,
Equal Pay ,
Paid Leave ,
Paid Sick Leave ,
Paid Time Off (PTO) ,
Pay Transparency ,
State Labor Laws ,
Wage and Hour
California's Private Attorneys' General Act ("PAGA") was the target of a November 2024 ballot initiative that, if passed, would have repealed the Act in response to perceived abuses and frivolous lawsuits....more
This week, the Federal Trade Commission (“FTC”) voted 3-2 along party lines to finalize a rule that bans noncompete clauses in employment agreements as a per se illegal “unfair method of competition” (“UMC”) under Section 5...more
On January 15, 2024, the American Arbitration Association ("AAA") published updates to its Mass Arbitration Supplementary Rules and Fee Schedule, aimed at streamlining the mass arbitration process and reducing costs....more
On January 1, 2024, several new employment laws took effect in Minnesota, based on bills passed during the 2023 legislative session. All employers with employees in Minnesota are subject to the following changes, discussed in...more
The 2023 California legislative session saw the passage of a number of new and important labor and employment laws....more
On November 17, 2023, New York Governor Kathy Hochul signed a law—which is effective immediately—banning clauses in agreements settling discrimination, retaliation, or harassment claims from requiring a complainant to pay...more
11/27/2023
/ Breach of Contract ,
Confidentiality Agreements ,
Confidentiality Policies ,
Employees ,
Employer Responsibilities ,
Employment Contract ,
Employment Discrimination ,
Labor Regulations ,
New Legislation ,
New York ,
Non-Disclosure Agreement ,
Settlement Agreements ,
State and Local Government
The New York State Department of Labor has published amended WARN regulations that provide guidance on a number of topics, including treatment of remote workers, applicability of exemptions, pay in lieu of notice, calculating...more
In Short -
The Situation: On January 10, 2023, New Jersey Governor Phil Murphy signed A-4768, which started a 90-day countdown to the effective date of amendments (S-3170) to New Jersey's WARN Act, the Millville Dallas...more
In the wake of recent government inquiries into alleged bullying and harassment, including sexual harassment, in Australian workplaces, Australian legislatures and work health and safety regulators have become increasingly...more
In early January 2023, the Federal Trade Commission ("FTC") proposed an unprecedented rule banning most employer/employee non-compete clauses. As detailed below, the rule is not likely to take effect for at least eight...more
1/13/2023
/ Comment Period ,
Contract Terms ,
Employment Contract ,
Federal Trade Commission (FTC) ,
FTC Act ,
Non-Compete Agreements ,
Proposed Rules ,
Public Comment ,
Restrictive Covenants ,
Section 5 ,
Unfair Competition
The California Legislature passed a number of new and important labor and employment laws during its 2022 session.
...more
Under legislation signed into law last week, New York employers cannot assess points, deduct time from a time bank, or otherwise penalize an employee for using a legally protected absence. The law takes effect February 20,...more
Case Overview -
On June 15, 2022, the United States Supreme Court issued its decision in Viking River Cruises, Inc. v. Moriana, No. 20-1573. The Court held that the rule from Iskanian v. CLS Transportation Los Angeles,...more
6/29/2022
/ Arbitration ,
Arbitration Agreements ,
California ,
Class Action ,
Class Action Arbitration Waivers ,
Employment Litigation ,
Federal Arbitration Act ,
Federal v State Law Application ,
Iskanian v CLS Transportation ,
Labor Law Violations ,
Preemption ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
Standing ,
State Labor Laws ,
Viking River Cruises ,
Viking River Cruises Inc v Moriana
On March 15, 2022, to coincide with this year's "Equal Pay Day," the OFCCP issued a new Directive on pay equity audits. Its stated purpose is to "provide guidance on how OFCCP will evaluate federal contractors' compliance...more
4/15/2022
/ Biden Administration ,
Compensation & Benefits ,
Employer Liability Issues ,
Equal Pay ,
Federal Contractors ,
Labor Reform ,
New Guidance ,
OFCCP ,
Pay Equity Laws ,
Pay Transparency ,
Wage and Hour
The Ohio Employment Law Uniformity Act ("Act") took effect on April 15, 2021, streamlining Ohio law and aligning it with federal law in the area of employment discrimination claims in various respects. A summary of the key...more
The Situation: A district court in the Fifth Circuit granted conditional certification under the Fair Labor Standards Act ("FLSA") to a class of allegedly misclassified truck drivers, analyzing certification using the widely...more
Ninth Circuit decision upholds the Federal Motor Carrier Safety Administration ("FMCSA") determination that federal law preempts California’s meal and rest break laws with respect to Department of Transportation-regulated...more
Effective January 1, 2021, Dutch employers have more leeway in reaching a termination settlement just before the retirement age without a punitive tax levy.
Recently, the Dutch senate approved the Lump Sum Payment, Early...more
The Situation: Seventeen states and the District of Columbia filed suit in the Southern District of New York seeking declaratory and injunctive relief against the U.S. Department of Labor's ("DOL") new joint employer...more
9/17/2020
/ Administrative Procedure Act ,
Arbitrary and Capricious ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Joint Employers ,
Migrant and Seasonal Agricultural Worker Protection Act (MSPA) ,
New Rules ,
Rulemaking Process ,
Wage and Hour
Employers navigating the coronavirus (COVID-19) pandemic cannot ignore the threat of labor and employment claims that may arise from the crisis. Indeed, a steady stream of pandemic-related lawsuits have already been filed,...more
6/1/2020
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Health and Safety ,
Infectious Diseases ,
Wage and Hour ,
WARN Act ,
Workplace Safety
On May 9, 2018, New York City Mayor Bill de Blasio signed legislation designed to combat workplace sexual harassment. Similar legislation was passed as a part of the New York State Budget enacted on April 12, 2018. To ensure...more
5/23/2018
/ #MeToo ,
Commission on Human Rights ,
Department of Labor (DOL) ,
Employee Training ,
Employer Liability Issues ,
Federal Arbitration Act ,
Hiring & Firing ,
Independent Contractors ,
Mandatory Arbitration Clauses ,
Mayor de Blasio ,
Non-Disclosure Agreement ,
Sexual Harassment ,
State Labor Laws
In this edition, we report from around Europe on some interesting case law developments that affect the way employers manage their employees. The range of issues covered shows that, despite the breadth of directives issued by...more
9/28/2017
/ Appeals ,
Collective Bargaining Agreements (CBA) ,
Commercial Bankruptcy ,
Corporate Counsel ,
Employee Representatives ,
Employee Rights ,
EU ,
European Commission ,
European Court of Justice (ECJ) ,
France ,
Gender-Based Pay Discrimination ,
Germany ,
Gig Economy ,
Hiring & Firing ,
Insolvency ,
International Labor Laws ,
Maternity Leave ,
Netherlands ,
New Legislation ,
Non-Compete Agreements ,
Paid Leave ,
Parental Leave ,
Pay Gap ,
Popular ,
President Macron ,
Sex Discrimination ,
Spain ,
Supreme Court of Spain ,
UK ,
Wage and Hour
New York City's Freelance Isn't Free Act ("Act") took effect on May 15, 2017, and applies to any freelance contracts or agreements entered into on or after that date. The Act requires all agreements for freelance work of a...more
May 2017 On May 4, 2017, New York City Mayor Bill de Blasio signed a law that will prohibit New York City employers from inquiring about the salary and benefits histories of job applicants. The law, which the New York City...more