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Private Attorneys' General Act ("PAGA") was the target of a November 2024 ballot initiative that, if passed, would have repealed the Act in response to perceived abuses and frivolous lawsuits....more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
In a 6–3 decision likely to have immediate impacts beyond the world of higher education, on June 29, 2023, the U.S. Supreme Court held that Harvard's and the University of North Carolina's admissions programs violate the...more
6/30/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Diversity ,
Educational Institutions ,
Equal Protection ,
Fourteenth Amendment ,
Race Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VI ,
Title VII
In Short -
The Situation: The National Labor Relations Board ("NLRB" or "Board") recently issued a Notice of Proposed Rulemaking to articulate the standard for determining joint-employer relationships under the National...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
We believe our proposed changes support all market participants' common objectives of investor protection and fair and efficient capital markets.
...more
6/20/2022
/ Capital Markets ,
Climate Change ,
Corporate Governance ,
Corporate Social Responsibility ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
Investment ,
Investor Protection ,
Publicly-Traded Companies ,
Regulatory Agenda ,
Regulatory Reform ,
SEC Comment Letter Process ,
Securities and Exchange Commission (SEC) ,
Securities Regulation
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
On March 3, 2022, President Biden signed into law H.R. 4445, titled "Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021" ("Act"). The law amends the Federal Arbitration Act to prohibit employers...more
3/18/2022
/ #MeToo ,
Arbitration ,
Arbitration Agreements ,
Biden Administration ,
Class Action ,
Class Action Arbitration Waivers ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
Labor Reform ,
Labor Regulations ,
Mandatory Arbitration Clauses ,
New Legislation ,
Sexual Assault ,
Sexual Harassment
The Situation: Recent amendments to the Illinois Human Rights Act ("IHRA") restrict Illinois employers from relying upon conviction records to make adverse employment decisions unless they comply with new substantive and...more
The Situation: Recent amendments to the Illinois Equal Pay Act of 2003 and Illinois Business Corporation Act of 1983 create significant new reporting and certification requirements for Illinois employers, along with new...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
The new Paycheck Protection Program Flexibility Act of 2020 ("PPPFA") amends the Paycheck Protection Program ("PPP") created under the Coronavirus Aid, Relief, and Economic Security ("CARES") Act and affects both existing...more
6/8/2020
/ Borrowers ,
Business Expenses ,
CARES Act ,
Loan Forgiveness ,
New Legislation ,
Paycheck Protection Program (PPP) ,
Paycheck Protection Program Flexibility Act of 2020 (PPPFA) ,
Payroll Taxes ,
Rehiring Issues ,
Safe Harbors ,
Small Business ,
Small Business Loans
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
The Situation: The U.S. Supreme Court unanimously held that filing a charge of discrimination with the Equal Employment Opportunity Commission ("EEOC") is not a jurisdictional prerequisite to bringing a Title VII lawsuit. The...more
6/27/2019
/ Affirmative Defenses ,
Amended Complaints ,
Appeals ,
Charge-Filing Preconditions ,
Civil Rights Act ,
Equal Employment Opportunity Commission (EEOC) ,
Forfeiture ,
Fort Bend County Texas v Davis ,
Jurisdictional Requirements ,
Mandatory Claim-Processing Rules ,
Reaffirmation ,
Reasonable Accommodation ,
Religious Discrimination ,
Retaliation ,
Reversal ,
SCOTUS ,
Time-Barred Claims ,
Title VII ,
Waiver Rule ,
Wrongful Termination
The Situation: An amendment to the Illinois Wage Payment and Collection Act ("IWPCA") was signed into law by Illinois Governor Bruce Rauner and took effect on January 1, 2019.
The Results: The amendment to the IWPCA...more
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
New rules have come into force concerning employees' rights to disconnect from digital devices outside normal working time. From 1 January 2017, all relevant employers must negotiate on the employees' right to have periods...more
3/22/2017
/ Annual Reports ,
Banks ,
Digital Communications ,
EU ,
France ,
Gender-Based Pay Discrimination ,
Germany ,
Hiring & Firing ,
International Litigation ,
Off-Duty Employees ,
Pay Gap ,
Payroll Records ,
Reporting Requirements ,
Right to Disconnect ,
Sanction Violations ,
UK