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NLRB Decision Establishes New Standards for Workplace Policies

This summer, the NLRB adopted a new standard for assessing the lawfulness of workplace policies. Overruling its 2017 decision in Boeing that relaxed scrutiny of workplace policies, the NLRB ruled in Stericycle that a...more

Colorado Enacts the POWR Act

Colorado’s POWR Act went into effect on August 7, 2023, significantly increasing employer obligations to prevent and address harassment and discrimination in the workplace. Companies with Colorado-based employees should act...more

Expanding Restrictions on Non-Competition and Non-Solicitation Provisions

Several states continue to limit the use of non-competition and non-solicitation restrictions: California: On September 1, 2023, California enacted SB 699, expanding the state’s ban on non-competition agreements in...more

Event Planning: Risk Mitigation Factors a Company Should Consider When Planning an Event

Organizations host events that vary in scale, scope and logistics. Teams put enormous resources into planning to ensure a successful event. Unfortunately, an unanticipated accident or other catastrophic incident can...more

The Pregnant Workers Fairness Act Takes Effect: What Employers Should Know

The Pregnant Workers Fairness Act, a federal law that came into effect on June 27, 2023, provides employees and applicants with pregnancy-related conditions with many of the same rights afforded to workers with disabilities...more

The EEOC on AI in Employment Decisions: What Companies Should Know and Do

A growing number of companies use artificial intelligence (AI) algorithms to identify and evaluate candidates, a development that promises to revolutionize recruitment and hiring. Proponents say AI-driven systems can...more

Navigating California’s New Supplemental Paid Sick Leave Law – Guidance on Key Provisions and Common Employer Questions

On September 9, 2020 Governor Newsom signed AB 1867 into law, giving California employers just 10 days to implement new COVID-19 Supplemental Paid Sick Leave statewide. Below we highlight the major provisions of the new law...more

Striking Out the “Catch-All”: Growing Number of States Narrow Affirmative Defenses for Employers in Pay Equity Cases

The federal Equal Pay Act (EPA) and its many state analogs require equal pay for equal (or, in some states, “substantially similar”) work.  The EPA contains a so-called “catch-all” defense to equal pay claims, permitting wage...more

If Trade Secrets Misappropriation Claims Can Be Brought By Non-Owners, What Should Companies Do To Manage Risk?

Last week, we examined the recent Third Circuit decision in Advanced Fluid Systems, which held that a trade secrets plaintiff did not need to be an owner or a licensee of the alleged trade secrets to bring a state law...more

OFCCP Seeks to Reduce Delays, Introduces Mediation Program

OFCCP has announced the issuance of three new directives intended “to increase accountability and efficiency” and “to maximize the effectiveness of compliance assistance resources.” ...more

Six Bay Area Counties Issue Revised Shelter-In-Place Orders Requiring Essential Businesses to Develop and Post Social Distancing...

On March 31, 2020, the six Bay Area counties that previously issued the nation’s first Covid-19 shelter-in-place orders, amended and extended their prior orders to include stricter controls aimed to slow the spread of...more

Congressional Dems Reignite 20-year Battle To Pass The “Paycheck Fairness Act.”

For the last two decades, Congressional Democrats have attempted to pass the Paycheck Fairness Act. Beginning with the 105th Congress in 1997-98, several legislators have introduced versions of the act...more

New Year & New Law: Hawaii’s Ban On Prior Salary History Goes Into Effect On Jan. 1st

On January 1, 2019 at the stroke of midnight, Hawaii joined a growing list of states and municipalities to ban prospective employers from asking applicants about their prior salary history. ...more

Does Title VII Protect Gay & Transgender Employees? The Supreme Court May Soon Decide.

As early as November 30, 2018, the U.S. Supreme Court will decide whether to hear three high profile employment cases that question whether Title VII’s ban on sex discrimination protects gay and transgender employees. ...more

Kittens, Stephen Curry, And Cryptocurrency: This Trade Secrets Case Has It All.

What do kittens, three-time NBA Finals champion Stephen Curry, and cryptocurrency have in common? On May 7, 2018, a subsidiary of Launch Labs, a Canadian corporation doing business as Axiom Zen, released cryptocollectibles...more

Are Franchisees Employees? California Court Says No

In October 2017, four franchisees filed a federal complaint against the global convenience store chain, 7-Eleven, seeking to represent a purported class of over 1,000 similarly situated 7-Eleven franchisees in California. The...more

Worse Than A Toothache: Dental Executive Alleged To Have Misappropriated Proprietary Business Leads

Earlier this month, a Nashville, Tennessee company filed a federal lawsuit against its former employee alleging trade secrets misappropriation under the Defend Trade Secrets Act, among other claims. ...more

“#MeToo”: Fostering A Harassment-Free Workplace

In the last several weeks, allegations of rampant sexual harassment have shocked the collective conscience. With the assistance of social media, what started as an allegation against a Hollywood mogul snowballed into a...more

USE IT OR LOSE IT! Enforce Your Arbitration Agreement Or Waive Your Right To Arbitrate Your Trade Secret Misappropriation Claims

Earlier this month, a federal court in the Middle District of Tennessee denied an employer’s motion to compel arbitration, finding that it waived its right to arbitration by engaging in litigation....more

EVEN BAMBI IS A TRADE SECRET: Eastern District Of Texas Finds That Lineage and Genetic Information of Deer Are Trade Secrets,...

As surprising as it may be to city dwellers, the deer farming industry generates $3 billion per year for the U.S. economy. According to the North American Deer Farmers Association, “deer farming is one of the fastest growing...more

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