As the workplace continues to take a new shape, the distinction between “workplace conduct” and “off duty” conduct continues to fade for many. After a recent Ninth Circuit ruling, employers must be more vigilant than ever in...more
9/17/2024
/ Anti-Harassment Policies ,
Employee Misconduct ,
Employees ,
Employment Litigation ,
Harassment ,
Hostile Environment ,
Off-Duty Employees ,
Sex Discrimination ,
Social Media ,
Title VII ,
Workplace Harassment Guidance
Aggrieved employee is any person who was employed by the alleged violator and against whom one or more of the alleged violations was committed. An “aggrieved employee” is any person who was employed by the alleged violator...more
7/9/2024
/ CA Supreme Court ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Governor Newsom ,
Labor Code ,
Labor Law Violations ,
New Legislation ,
Private Attorneys General Act (PAGA) ,
Regulatory Agenda ,
State Labor Laws ,
Wage and Hour
On June 18, 2024, Governor Newsom, in collaboration with legislative leaders, unveiled a landmark agreement to reform the Private Attorneys General Act (PAGA). The agreement comes before California voters could weigh in on...more
6/21/2024
/ California ,
Compliance ,
Employment Litigation ,
Enforcement ,
Injunctive Relief ,
Labor Code ,
Labor Law Violations ,
Penalties ,
Policies and Procedures ,
Private Attorneys General Act (PAGA) ,
Settlement ,
Wage and Hour
The agenda for Mintz’s Annual Employment Law Summit taking place on May 15th in San Diego is now available!
This year, we are thrilled to feature Hon. William McCurine as our keynote speaker.
The segments this year...more
5/7/2024
/ Affirmative Action ,
Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Best Practices ,
C-Suite Executives ,
California ,
Chief Compliance Officers ,
Chief Diversity Officer (CDOs) ,
Continuing Legal Education ,
Corporate Counsel ,
Data Reporting ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Events ,
Hiring & Firing ,
Human Resources Professionals ,
Non-Compete Agreements ,
State Labor Laws ,
Wage and Hour ,
Workplace Violence
In Muldrow v. City of St. Louis, Mo., the U.S. Supreme Court made it easier for employees who are involuntarily transferred to a lateral position to pursue discrimination claims, even when they retain the same pay, benefits...more
4/23/2024
/ Adverse Employment Action ,
Civil Rights Act ,
Diversity and Inclusion Standards (D&I) ,
Employee Transfers ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Hiring & Firing ,
Lateral Transfers ,
Muldrow v City of St Louis ,
SCOTUS ,
Sex Discrimination ,
Title VII
The California Supreme Court has closed the door on the employer-friendly rule the U.S. Supreme Court set out in the case of Viking River Cruises Inc. v. Moriana. There, the Supreme Court held that employees could waive their...more
7/26/2023
/ Arbitration ,
CA Supreme Court ,
California ,
Employer Liability Issues ,
Employment Litigation ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
Standing ,
Uber ,
Viking River Cruises ,
Viking River Cruises Inc v Moriana
With the market continuing on its roller coaster trajectory, many employers have been forced to make big cuts to payroll. When doing so, employers must think about a number of things, between final paychecks, vacation time,...more
Future of Non-Competes Up in the Air -
The FTC recently announced its proposal to ban non-compete clauses in employment agreements. That proposal is currently in a 60-day period of public comment, and employers are...more
1/18/2023
/ Biden Administration ,
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
California has now joined New York City and Colorado in requiring employers (for Golden State employers, of 15 or more) to publish “pay scales” in job postings. As with many things California, however, the new law (which...more
Cal/OSHA revised its Emergency Temporary Standards (“ETS”) following its mid-December meeting and, more recently, made additional revisions to align with the California Department of Public Health’s recommendations. We...more
UPDATE: The U.S. Supreme Court held a special hearing on January 7, 2022, and is expected to rule soon on whether OSHA may proceed with its Emergency Temporary Standard for large employers. The Court is also considering...more
Citing the presence of the Omicron variant in California and the heightened transmission risks surrounding the holiday season, the California Department of Public Health has instituted an indoor masking mandate for public...more
UPDATE: A federal appeals court (the Fifth Circuit Court of Appeals) permanently blocked OSHA’s vaccine rule on November 12, 2021, citing to “serious constitutional concerns” with the rule. This is not the end of the...more
11/30/2021
/ Appeals ,
Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Enforcement ,
Health and Safety ,
OSHA ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Yesterday OSHA issued its long-awaited Emergency Temporary Standards. The ETS requires all employers across the country with 100 or more employees to mandate COVID-19 vaccines for all employees, or weekly testing for those...more
The Federal Occupational Health and Safety Administration (OSHA) has released its long-awaited Emergency Temporary Standard (ETS) pertaining to workplace COVID-19 vaccination and testing requirements for employers with 100 or...more
11/5/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
New Rules ,
OSHA ,
Public Health Emergency ,
Vaccinations ,
Virus Testing ,
Workplace Safety
By now you've certainly heard of the U.S. women's soccer team's challenge to their pay arrangement. Back in the spring of 2019, the players sued the United States Soccer Federation ("USSF") alleging they were unfairly...more
In 2019, the California legislature passed AB 51, a law prohibiting employers from requiring employees to agree to arbitration as a condition of employment. Before the law went into effect, the U.S. Chamber of Commerce—a...more
On Friday, a California Superior Court judge held that California's Proposition 22--which allowed certain "gig economy" workers to be classified as independent contractors--is unconstitutional.
California voters passed...more
Bonuses and their impact on an employee’s “regular rate of pay” have long been a proverbial thorn in the side of California employers. The nondiscretionary nature of most bonuses (even those bonuses employers attempt to...more
Late Thursday evening California Governor Gavin Newsom issued Executive Order N-33-20 (the “Order”), which directs all California residents to stay home in light of the developing COVID-19 public health crisis. The Order...more
As part of the continuing effort to respond to the COVID-19 pandemic, Governor Newsom has issued an Executive Order temporarily modifying the California WARN Act requirements for employers engaging in mass layoffs....more
Judge Kimberly Mueller of the District Court for the Eastern District of California today granted Plaintiffs’ motion for a preliminary injunction against AB 51...more
In a significant victory for California employers who use arbitration agreements, the California Supreme Court ruled (ZB, N.A. et al. v. Superior Court of San Diego County, S246711 (September 12, 2019)) that the recovery of...more
9/16/2019
/ Arbitration Agreements ,
CA Supreme Court ,
Civil Monetary Penalty ,
Class Action ,
Class Action Arbitration Waivers ,
Employer Liability Issues ,
Employment Contract ,
Labor Code ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Unpaid Wages ,
Wage and Hour
January ushered in many new developments across many employment law compliance categories. We hope the summary below will help you keep track of the changes most relevant for you:
Parental Leave - The Equal Employment...more
Welcome to this month’s edition of the Bubbler! Now that fall is fast approaching we’re refreshing your memory of some key recent developments as we head into the new season:
Massachusetts’s new non-compete reform law lays...more
9/12/2018
/ #MeToo ,
Anti-Harassment Policies ,
Employee Rights ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Governor Brown ,
Mandatory Arbitration Clauses ,
Non-Compete Agreements ,
NYDOL ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws