In a win for Georgia employers seeking to enforce restrictive covenants, the Supreme Court of Georgia ruled that restrictive covenants are not required to contain an express geographic limitation to be enforceable under the...more
On May 7, 2024, the California Supreme Court resolved a lower court split over the meaning of a “knowing and intentional failure to comply” under California Labor Code Section 226, which dictates requirements for providing...more
On Wednesday, April 17, 2024, the U.S. Supreme Court issued a ruling in Muldrow v. St Louis, No. 22-193, resolving a circuit split and holding Title VII of the Civil Rights Act of 1964 (“Title VII”) prohibits discriminatory...more
Takeaway: On January 18, 2024, the California Supreme Court resolved a conflict between California’s Private Attorneys General Act (PAGA) and the “manageability” concept used by courts to evaluate whether class certification...more
On January 18, 2024, the California Supreme Court issued a long-awaited decision looking to resolve a conflict between California’s Private Attorneys General Act (PAGA) and a concept called “manageability” which refers to the...more
On February 15, 2023, the U.S. Court of Appeals for the Ninth Circuit ruled in Chamber of Commerce v. Bonta that California’s Assembly Bill 51 (“AB 51”) is preempted by the Federal Arbitration Act. After two failed attempts...more
On September 27, 2022, Governor Gavin Newsom signed Senate Bill (SB) 1162 expanding the scope of California’s existing pay transparency laws. SB 1162 imposes new requirements for pay information in job postings, extends...more
On January 7, 2021, when Trump was still in office, the Department of Labor (“DOL”) published a new, employer-friendly rule for determining independent contractor status under the Fair Labor Standards Act (“FLSA”). The...more
On Thursday, July 15, 2021, the California Supreme Court issued an opinion with respect to meal period premiums, impacting employers who provide nondiscretionary payments for work performed by their employees. In Ferra v....more
On January 7, 2021, the Department of Labor (“DOL”) published a new rule for determining independent contractor status under the Fair Labor Standards Act (“FLSA”). The “Independent Contractor Rule” had an initial effective...more
In a landmark decision authored by Justice Neil Gorsuch and released today, June 15, 2020, the Supreme Court of the United States held that “an employer who fires an individual merely for being gay or transgender violates...more
6/16/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
The spread of the novel coronavirus and the numerous shelter-in-place or stay-at-home orders issued across the country in response have presented unique and challenging issues for employers. Significantly, many businesses who...more
The coronavirus is having a substantial impact on the global economy and individual businesses. As affected employers look ahead, many are engaging in contingency planning. This includes looking at the potential need to lower...more
On January 29, 2019, the U.S. Court of Appeals for the Ninth Circuit held that disclosure documents given to job applicants pursuant to the federal Fair Credit Reporting Act (“FCRA”) prior to running background checks cannot...more
On September 30, 2018, Governor Jerry Brown of California signed into law several bills aimed at strengthening the rights of an individual alleging workplace sexual harassment. The most impactful of the new bills is the Stand...more
Under the federal Fair Labor Standards Act, a well-established body of law rejects claims for unpaid minimum wages and overtime based on very small increments of time that are administratively difficult to record. This...more
In a broad-ranging decision issued on April 30, 2018, the Supreme Court of California announced a new legal standard to determine whether a worker is an employee or an independent contractor under California law, adopting a...more
On April 9, 2018, the U.S. Court of Appeals for the Ninth Circuit ruled in Rizo v. Yovino that an employer cannot use an employee’s prior salary to justify a wage disparity between male and female employees under the federal...more
Under both federal and state law, overtime compensation owed to a nonexempt employee must be based on the employee’s “regular rate of pay.” That regular rate includes not only the employee’s standard hourly rate but also an...more
On February 26, 2018, the U.S. Court of Appeals for the Second Circuit became the second federal appeals court to rule that Title VII of the 1964 Civil Rights Act (“Title VII”) bars employers from discriminating on the basis...more
On January 5, 2018, the U.S. Department of Labor’s Wage and Hour Division issued Fact Sheet #71, which sets forth new federal guidelines for determining whether an intern or student at a for-profit company must be paid under...more
On October 12, 2017, California Governor Jerry Brown signed into law the New Parent Leave Act, a law that will require employers with 20-49 employees to provide up to 12 weeks of unpaid, job-protected parental leave to...more
On October 12, 2017, Governor Jerry Brown of California signed into law a statute that prohibits employers from seeking salary-history information, including compensation and benefits information, about an applicant for...more