On August 23, 2024, in Restaurant Law Center v. U.S. Department of Labor, No. 23-50562 (Aug. 23, 2024), the United States Court of Appeals for the Fifth Circuit struck down a final rule promulgated by the U.S. Department of...more
For years, California employers have struggled to deal with claims under the state’s Private Attorneys General Act (“PAGA”)(Labor Code §§ 2699, et seq.), known – without affection – in the early days as the “Sue Your Boss”...more
On April 23, 2024, the U.S. Department of Labor (“DOL”) issued its final rule on “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees”, which extends...more
On March 8, 2024, the United States District Court for the Eastern District of Texas invalidated the recently issued final rule for establishing joint employer status under the National Labor Relations Act (“NLRA”).
As we...more
California State Senate Bill 699 (“SB 699”) and California State Assembly Bill 1076 (“AB 1076”) enhance California’s well-known prohibition against non-compete agreements or restrictive covenants. Both bills, which took...more
‘Tis the season for celebration. For employers, that may mean hosting an annual holiday party, catering an office luncheon, or distributing end-of-year gifts and bonuses. However, with the holiday season comes potential...more
On October 27, 2023, the National Labor Relations Board (“NLRB”) issued a long-awaited final rule on the criteria for establishing joint employer status under the National Labor Relations Act (“NLRA”). This rule becomes...more
On August 30, 2023, the U.S. Department of Labor (“DOL”) announced a notice of proposed rulemaking titled “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer...more
As August ends, the National Labor Relations Board (“Board”) has issued two significant decisions as well as a direct final rule about representation cases.
On August 25, 2023, the Board, in Cemex Construction Materials...more
On August 2, 2023, the National Labor Relations Board (“NLRB”) issued its decision in the much-watched Stericycle Inc. and Teamsters 628 case, returning to a case-by-case standard for evaluating challenges to...more
The U.S. Equal Employment Opportunity Commission (“EEOC”) published new proposed regulations on Friday, August 11, to implement the new Pregnant Workers Fairness Act (“PWFA”), signed into law at the end of December 2022. The...more
8/15/2023
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Comment Period ,
Equal Employment Opportunity Commission (EEOC) ,
Essential Functions ,
Lactation Accommodation ,
Pregnancy ,
Pregnant Workers Fairness Act ,
Proposed Regulation ,
Reasonable Accommodation ,
Title VII
In an 8-1 decision, the United States Supreme Court ruled for the employer in Glacier Northwest v. Teamsters, Local 174 in a case that has significant implications for a union’s right to strike and for the targeted employer...more
On May 30, 2023, the General Counsel of the National Labor Relations Board (“NLRB”) issued a memorandum (the “Memorandum”) to all NLRB Regional Directors, Officers-in-Charge, and Resident Officers concluding that most...more
The United States Department of Labor’s Wage and Hour Division (WHD) recently published opinion letter FMLA2023-2-A clarifying how to calculate the amount of leave used when an employee takes Family and Medical Leave Act...more
The United States Department of Labor (DOL) Wage and Hour Division recently issued Field Assistance Bulletin No. 2023-02 (FAB) to provide guidance to Wage and Hour Division (WHD) field staff regarding the Providing Urgent...more
Employers in Illinois and Chicago will soon be subject to the following new employment laws: Employers that fail to comply with the training requirements will be subject to fines of up to $1,000 for each offense per day that...more
The National Labor Relations Board (“NLRB”) recently issued a broad cease-and-desist order against an employer that allegedly engaged in unfair labor practices and also ordered it to reimburse the Union for its bargaining...more
On May 1, 2023, the National Labor Relations Board (“NLRB”) issued its decision in Lion Elastomers LLC II, 372 NLRB No. 83 reversing its 2020 ruling in General Motors LLC, 369 NLRB No. 127, and creating an inconsistent...more
On March 24, 2023, Michigan became the first state in decades to repeal its “Right-to-Work” law. Two days after Governor Whitmer signed the legislation into law, the Teamsters celebrated the repeal with the Governor. Michigan...more
As outlined in the February 22, 2023 SGR Client Alert, the National Labor Relations Board (“NLRB”) ruled in McLaren Macomb that severance agreements may not contain general non-disparagement or confidentiality/non-disclosures...more
On February 22, 2023, the United States Supreme Court issued the long-awaited decision in Helix Energy Solutions Group, Inc. v. Hewitt. The Supreme Court held that a highly compensated employee who is paid solely on a...more
In a recent decision that is good news for California employers, the U.S. Court of Appeals for the Ninth Circuit affirmed the district court’s ruling striking down California Assembly Bill 51 (“AB 51”) as preempted by the...more
The National Labor Relations Board (“NLRB”) ruled on February 21, 2023 that McLaren Macomb, a company that operates a Michigan hospital, violated the National Labor Relations Act (the “Act”) when it presented a “Severance...more
The Illinois legislature kicked off the new year with the passage of Senate Bill 208 (SB208), also known as the Paid Leave for All Workers Act (the “Act”). Illinois Governor Pritzker issued a statement indicating his...more
On January 5, 2023, the Federal Trade Commission (“FTC”) published a Notice of Proposed Rulemaking (NPRM) to prohibit the use and enforcement of non-competition (a.k.a. “non-compete”) clauses in employment agreements. The...more
1/12/2023
/ Biden Administration ,
Compliance ,
Employment Contract ,
Executive Orders ,
Federal Trade Commission (FTC) ,
FTC Act ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Solicitation Agreements ,
Notice of Proposed Rulemaking (NOPR) ,
Proposed Rules ,
Restrictive Covenants