In 2024, we witnessed a wave of transformative changes in employment laws, from expanded leave protections and new paid leave mandates to increased pay transparency requirements for employers....more
2/11/2025
/ Artificial Intelligence ,
Bias ,
Diversity and Inclusion Standards (D&I) ,
Employee Benefits ,
Employment Discrimination ,
Hairstyle Discrimination ,
Hiring & Firing ,
Minimum Wage ,
Non-Compete Agreements ,
Pay Transparency ,
State Labor Laws
On August 20, 2024, the federal U.S. District Court for the Northern District of Texas set aside the FTC’s rule (Rule) banning non-competes. The Rule was set to take effect on September 4, 2024....more
Wednesday, a federal district court in Texas granted, in part and only as to certain named parties, a motion to stay and enjoin the Federal Trade Commission (FTC) from implementing or enforcing its controversial rule banning...more
As we reported in October, nearly all California employers must develop and adopt a written Workplace Violence Prevention Plan and implement related employee training as part of their existing Cal/OSHA Injury and Illness...more
3/7/2024
/ Cal-OSHA ,
California ,
Deadlines ,
Employees ,
Employer Liability Issues ,
Governor Newsom ,
Labor Reform ,
New Legislation ,
State Labor Laws ,
Workplace Safety ,
Workplace Violence ,
Workplace Violence Prevention Programs
2023 was a seismic year for the employment landscape, with changes to state and federal laws that touch on hiring, firing, and just about everything in between. Members of Fenwick’s employment group recently walked through...more
2/1/2024
/ Arbitration Agreements ,
Artificial Intelligence ,
California ,
Department of Labor (DOL) ,
Employee Benefits ,
Employees ,
Employer Liability Issues ,
Employment Policies ,
Independent Contractors ,
Joint Employers ,
Labor Reform ,
New Legislation ,
New York ,
NLRB ,
Non-Compete Agreements ,
Paid Leave ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Technology ,
Wage and Hour
Governor Newsom recently signed a slew of new bills into law at the close of California’s 2023 legislative session. Of those, there are several employment-related laws that California employers should take note of. We...more
10/27/2023
/ Bereavement Leave ,
California ,
Cannabis Products ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Employment Discrimination ,
Governor Newsom ,
Labor Reform ,
Legislative Agendas ,
Marijuana ,
New Legislation ,
Popular ,
Privileged Communication ,
Reproductive Healthcare Issues ,
Restraining Orders ,
Sick Leave ,
State Labor Laws ,
Wage Theft ,
Workplace Safety ,
Workplace Violence
It has been a few months since the United States Supreme Court issued its ruling in Students for Fair Admissions v. Harvard, a landmark case involving affirmative action. The court’s decision prohibits universities from...more
Once a startup has properly classified its worker, it should document its relationship with the worker in order to clearly identify the classification, compensation and benefits (e.g., base salary, bonus, commissions, equity,...more
An important part of hiring employees is deciding how to compensate them. Because of limited capital, startups often implement equity-only compensation or deferred compensation arrangements in lieu of regular salaries....more
Hiring workers is an important step for startups. Startups engage two main types of workers—employees and independent contractors. It can be difficult to determine the proper classification of a worker, especially since both...more
On July 14, 2023, California Attorney General Rob Bonta announced an “investigative sweep” through inquiry letters sent to large California employers. The sweep seeks information on companies’ compliance with the California...more
7/24/2023
/ Board of Directors ,
Business Ownership ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Covered Business ,
Covered Employer ,
Employees ,
Employer Liability Issues ,
Healthcare Workers ,
Independent Contractors ,
Job Applicants ,
Personal Information ,
Privacy Policy ,
Regulatory Requirements
On January 5, 2023, the Federal Trade Commission (FTC) announced its long-anticipated proposed rule, which if adopted, would essentially ban all noncompete agreements between employers and their workers that restrict such...more
Join Fenwick’s Employment Practices Group for a 90-minute discussion of the legal developments and emerging trends that shaped 2022 then hear about the compliance recommendations, practical takeaways, and perspective on what...more
12/23/2022
/ Continuing Legal Education ,
Diversity and Inclusion Standards (D&I) ,
Employer Liability Issues ,
Employment Policies ,
Federal Labor Laws ,
Hiring & Firing ,
Labor Regulations ,
New Legislation ,
Regulatory Agenda ,
State Labor Laws ,
Wage and Hour ,
Webinars ,
Workplace Safety
On September 27, 2022, California Governor Gavin Newsom signed into law SB 1162, which expands California’s existing pay transparency and employee data reporting laws. California joins New York and Colorado, which have...more
10/10/2022
/ California ,
Data Reporting ,
EEO-1 ,
Employees ,
Employer Liability Issues ,
Governor Newsom ,
Job Applicants ,
New Legislation ,
Pay Data ,
Pay Transparency ,
Reporting Requirements ,
Salary/Wage History ,
Wage and Hour
In the wake of the Supreme Court’s Dobbs v. Jackson Women’s Health Organization decision (Dobbs), several states have already begun outlawing abortions and more states are expected to do so. Some states are also considering...more
7/15/2022
/ Abortion ,
Biden Administration ,
Department of Health and Human Services (HHS) ,
Dobbs v. Jackson Women’s Health Organization ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employees ,
Employer Liability Issues ,
Employment Policies ,
Executive Orders ,
Federal v State Law Application ,
Pregnancy ,
Roe v Wade ,
State Labor Laws ,
Travel Reimbursements
Immigration reform is one of those hot-button topics that is bound to spark a lively debate at any dinner table. Although the Biden administration has outlined an immigration strategy, including a series of executive orders...more
New ARPA/COBRA Subsidy -
The federal American Rescue Plan Act of 2021 (ARPA) provides for a 100% subsidy of COBRA premiums for six months from April 1, 2021 through September 30, 2021, for individuals (and their covered...more
4/1/2021
/ American Rescue Plan Act of 2021 ,
Benefit Plan Sponsors ,
Biden Administration ,
COBRA ,
Coronavirus/COVID-19 ,
Covered Employees ,
Covered Employer ,
Employee Benefits ,
Employer Group Health Plans ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Governor Cuomo ,
Governor Newsom ,
Health Insurance ,
New Guidance ,
Non-Compete Agreements ,
Notice Requirements ,
Paid Sick Leave ,
Premium Subsidies ,
Relief Measures ,
State and Local Government ,
Tax Credits ,
Vaccinations
Scores of California employers are putting the finishing touches on their pay data reports in light of the March 31, 2021 Department of Fair Employment and Housing (DFEH) filing deadline. However, there is good news for...more
California Significantly Expands Family Rights Act -
California Governor Gavin Newsom recently signed into law SB 1383, which significantly expands the coverage and scope of the California Family Rights Act (CFRA). CFRA,...more
10/21/2020
/ California Family Rights Act (CFRA) ,
Classification ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employees ,
Employer Liability Issues ,
Equity ,
Executive Orders ,
Families First Coronavirus Response Act (FFCRA) ,
Federal Contractors ,
Governor Newsom ,
Independent Contractors ,
Non-Compete Agreements ,
Parental Leave ,
Pay Data ,
Proposed Rules ,
Reporting Requirements ,
Sick Leave ,
Small Business ,
Training ,
Trump Administration ,
Workplace Outbreaks
The results of recent Fenwick polling suggest that companies generally have insufficient remote-working security controls and data protection practices and are considering a variety of approaches to return-to-work...more
The last few weeks have seen a flurry of COVID-19-related employment developments across the country and, in particular, California. The state has moved into Stage 2 of its four-stage framework for reopening, which ushered in...more
The U.S. Department of Labor (DOL) has issued temporary regulations clarifying and otherwise addressing several complex aspects of the Families First Coronavirus Response Act (FFCRA), which provides Emergency Paid Sick Leave...more
What Every Company Needs to Know Now About the Regulatory Guidance and Industry Trends on Privacy and Security for COVID-19 Health Data Collection, Disclosure and Work at Home -
Companies worldwide are scrambling to...more
Impacts of Coronavirus on Commercial Agreements and Public Company Disclosures -
COVID-19, a disease caused by the novel coronavirus, has now spread to at least 70 countries, including the United States. Our thoughts are...more
3/6/2020
/ Breach of Contract ,
Contract Management ,
Coronavirus/COVID-19 ,
Corporate Governance ,
Disclosure Requirements ,
Emergency Management Plans ,
Filing Deadlines ,
Force Majeure Clause ,
Paid Leave ,
Performance Standards ,
Publicly-Traded Companies ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Sick Leave ,
Workplace Safety
Is My New Hire an Employee or a Contractor? Key Factors for Startups to Consider
Employee or contractor? It can be a confusing question that startups often grapple with, or ignore, as they grow. In this video, Fenwick...more