Stokes Wagner

On November 5, 2024, California voters will have the opportunity to repeal and replace the California Private Attorney General Act (“PAGA”). The bill would double down on penalties for willful labor-law violators but entrust…more

California, Employer Liability Issues, Employment Litigation, Labor Code, Labor Law Violations

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Bobby Daniels, Jr.

New York Says No to Peeping in Employees’ Electronic Devices

On September 14, 2023, New York’s Governor, Kathy Hochul, signed Assembly Bill 836 (“A836”) into law which prohibits employers from requesting or requiring access to personal accounts such as texts, emails, and mobile…more

Electronic Communications, Email, Email Policies, Employer Rights, Employment Policies

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Jordan Fishman

DOL Issues a Final Independent Contractor Rule

The United States Department of Labor (“DOL”) recently released a final rule that addresses the classification of workers as independent contractors under federal labor law. The rule goes into effect on March 11, 2024…more

Department of Labor (DOL), Economic Realities Test, Effective Date, Employee Definition, Employer Liability Issues

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Shirley Gauvin

Trial Courts May Not Dismiss PAGA Claims on Manageability Grounds

The California Supreme Court recently issued a long-awaited opinion resolving a split in the Court of Appeal over whether trial courts may dismiss unmanageable PAGA actions. In Estrada v. Royalty Carpet Mills, Inc., filed…more

CA Supreme Court, Employer Liability Issues, Judicial Authority, Labor Code, Private Attorneys General Act (PAGA)

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W. Baker Gerwig, IV

Federal Noncompete Ban Struck Down

The District Court for the Northern District of Texas issued a decision striking down the Federal Trade Commission’s rule banning non-compete agreements, which was set to take effect on September 4, 2024…more

Arbitrary and Capricious, Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Rules

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Omar Hernandez

All Eyes on PAGA Reform

On June 18, 2024, California’s Governor Newsom announced that an agreement has been reached with business groups to reform the current Private Attorneys’ General Act (“PAGA”). This agreement follows a proposed November 2024…more

Department of Industrial Relations, Governor Newsom, Private Attorneys General Act (PAGA), Proposed Amendments

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Diana Lerma

The Legal Menu: California Attorney General Issues FAQs on Junk Fee Ban

Wednesday saw the release of CA Attorney General Bob Bonta’s long-awaited FAQs on the California “junk fee” ban, now rebranded as the “Honest Pricing Law” or “Hidden Fees Statute.” The FAQs largely reiterate the very…more

Compliance, Consumer Protection Laws, Fees, Health Insurance, Hidden Fees

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Anne-Marie Mizel

You Can Now Get Privately Sued for Failing to Provide NYC Safe and Sick Leave

Effective March 20, employees in New York City can bring private actions against their employers for violations of the city’s Earned Safe and Sick Time Act, NYC Admin. Code § 20-911 et seq…more

Attorney's Fees, Employer Liability Issues, Local Ordinance, Paid Leave, Penalties

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Ashley Nunneker

Preservation of Evidence

2020 forced millions of employers to adapt their business models to allow employees to work from home and it looks as if this trend will continue indefinitely for many employers. With this in mind, employers should be aware of…more

Coronavirus/COVID-19, Data Preservation, Data Retention, Discovery, Electronically Stored Information

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Hayden Pace

Supreme Court Blocks COVID-19 Vaccine Rule for Businesses

In a 6-3 decision, the US Supreme Court voted to stay the vaccine-or-test regulation, ruling that the Biden administration’s vaccine-or-test requirements for large private companies exceeded their authority. Separately, the…more

Administrative Authority, Biden Administration, Centers for Medicare & Medicaid Services (CMS), Constitutional Challenges, Coronavirus/COVID-19

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Adam Parry

Teleworking with Hourly Employees: A Few Simple Tips

It’s easy to lose track of time when you work from home and forget to change out of your work sweatpants and into your relaxing sweatpants at the end of the day. But while teleworking eschews much of the formality of the…more

Best Practices, Coronavirus/COVID-19, Remote Working, Telecommuting, Wage and Hour

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Christina Tantoy

San Francisco Requires Differential Pay for Employees on Military Leave

Starting on February 20, 2023, San Francisco employers with 100+ employees will be required to pay differential (or “supplemental”) pay to employees who are called to active military. This is the new requirement under San…more

Collective Bargaining Agreements (CBA), Employee Rights, Local Ordinance, Military Service Members, OLSE

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Jessica Villaescusa

Reminder to Continue COVID 19 Right to Recall Until December 31, 2025

Although the COVID-19 pandemic might feel like a thing of the past, California’s Right to Recall continues in place. In October 2023, Governor Newsom signed bill SB 723, which amended California’s Right to Recall law and…more

Amended Legislation, Coronavirus/COVID-19, Employer Mandates, Governor Newsom, Hospitality Industry

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Stokes Wagner

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