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#WorkforceWednesday: CA Whistleblower Retaliation Cases, NYC Pay Transparency Law, Biden’s Labor Agenda - Employment Law This Week®
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VIDEO: Will Pending Federal Covid-19 Legislation Preempt Longstanding State Laws Regarding the Burden of Proof in Workers’ Compensation Claims?
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II-31- The Changing 9 to 5 From 1980 to Today
EDITOR’S NOTE - As an initial matter, we experienced a bit of an anomaly with the Third Department. Typically, there are a number of Labor Law decisions that we report on. However, for this reporting period, our research...more
The Colorado legislature has been busy this season passing new employment laws, adding to your compliance obligations in a big way. We reviewed the key workplace laws that Colorado Governor Jared Polis signed into effect and...more
On Jan. 27, 2022, the Supreme Court of California issued Lawson v. PPG Architectural Finishes, Inc., No. S266001, ___ Cal. 5th ____, a decision that decisively changed the burden for employers in defending against claims...more
California employers can expect to see an uptick in whistleblower claims as a result of a recent California Supreme Court ruling that increases the burden on employers to prove that adverse employment actions are based on...more
The California Supreme Court has resolved an inconsistency that has divided the courts as to the proper evidentiary standard necessary to prove a whistleblower retaliation claim....more
This week, we’re recapping major items shifting at the state, local, and federal levels, including whistleblower retaliation case law, pay transparency rules, and federal labor policies. California Supreme Court Specifies...more
The California Supreme Court set a new, more employee-friendly, evidentiary standard for whistleblower retaliation claims. In Lawson v. PPG Architectural Finishes, Inc., the Court held Labor Code section 1102.6, not the...more
The California Supreme Court, in a critical decision, has answered a key question regarding whistleblower retaliation claims. Last year, the Ninth Circuit Court of Appeals certified an important question to the Court...more
Answering the first of two certified questions from an Alaska federal court and overturning nearly 30-year-old precedent, the Alaska Supreme Court has held that an employer need only establish an exemption under the Alaska...more
On September 17, 2020, California Governor Gavin Newsom signed SB 1159 into law, which is effective immediately for all employers. The law does five things: (1) it codifies Governor Newsom’s Executive Order N-62-20 on a...more
California Governor Gavin Newsom just signed legislation that establishes a workers’ compensation presumption that will apply to most employers in the state that have a COVID-19 “outbreak” through 2022 – meaning it is much...more
After returning from its hiatus on May 4, the California legislature has wasted no time in drafting a flurry of new bills which will affect employers in the aftermath of the state’s response to COVID-19. While the state...more
Chartwell Law partners Jonathan Spadea and Jason Hanford discuss pending legislation in the United States House and Senate which is intended to provide a federal benefit to first responders who contract Covid-19. While a...more
This month's key California employment law cases involve disability discrimination, wage and hour, and arbitration agreements enforcement. Doe v. Dept. of Corrections & Rehabilitation, No. E071224, 2019 WL 6907515 (Cal....more
This edition of Employment Flash looks at recent NLRB activity, including its issuance of a decision suggesting two members would be willing to reconsider a precedent regarding surveillance of employees’ union activity. We...more
On August 12, 2019, New York State (NYS) amended its Human Rights Law to make it easier to prove discriminatory harassment for members of all protected classes, including age, race, creed, color, national origin, sex, sexual...more
New York State lawmakers have approved broad legislation that will lower the burden on plaintiffs seeking to prove claims of workplace harassment under the New York State Human Rights Law (NYSHRL), as well as extend the...more
In the closing days of its session, the New York State Legislature has passed sweeping changes to New York’s employment discrimination and harassment law. Major amendments to the state’s Human Rights Law significantly lower...more
House Bill 2 (“HB2”) was signed into law by Governor Matt Bevin and became effective in July 2018. Through HB2, the legislature enacted significant changes to multiple provisions of the Workers’ Compensation Act. One of the...more
This episode flashes back to 1980's 9 to 5 workplace, and then goes back to the future to compare today's workplace of emoji harassment, a new game-changing overtime exemption rule, the 1st ever employer antitrust complaint...more
Last week, Governor Inslee signed several pieces of important legislation that will impact Washington employers. We have seen significant media coverage in recent years about the gender wage gap and how women are still paid...more
California employers will soon need to adjust themselves to a new reality once again as a number of new workplace restrictions have been passed by the state legislature and just signed into law by Governor Jerry Brown. State...more
Senate Bill 306, among other things, allows an employee or the Labor Commissioner to obtain a preliminary injunction (ordering the employee to be reinstated pending their retaliation claim) upon a mere showing of “reasonable...more
Good news for Missouri employers: the days of our state arguably being considered the most dangerous place in America for baseless discrimination lawsuits are about to end. Governor Eric Greitens late last week signed...more
New regulations under the California Fair Employment and Housing Act (FEHA) take effect on July 1, 2017, which relate to an employer's consideration of California applicant/employee criminal histories when making employment...more