California Employment News: Overview of the Fast Food Minimum Wage Increase AB122
#WorkforceWednesday: The Union-Friendly Biden NLRB, California's FAST Act, and Pay Transparency in California - Employment Law This Week®
The National Labor Relations Board (NLRB) has published a final rule regarding the Standard for Determining Joint-Employer Status under the National Labor Relations Act (NLRA). This significant development clarifies how two...more
California employers know that the new year inevitably brings new workplace laws that are finalized at the end of the state’s legislative session in the fall. This year, state lawmakers considered over 2,700 bills – the most...more
In June of 2022, McDonald’s obtained a judgment on the pleadings, ending antitrust litigation challenging the legality of the no-hire restraints it previously included in its franchise agreements. More than a year later, the...more
Introduction - No-poach agreements, wherein companies agree not to solicit or hire employees away from a competitor, have been targeted by the White House, the Federal Trade Commission (FTC) and the Antitrust Division....more
California employers will want to sit down, grab a cup of coffee, and prepare themselves for the avalanche on new employment laws that may soon be coming their way. The state Legislature just completed its work for 2023 in a...more
In Deslandes v. McDonald’s USA LLC, issued August 25, 2023, the U.S. Court of Appeals for the Seventh Circuit overturned the dismissal of antitrust claims that challenged no-poach clauses in franchise agreements....more
In December 2020, the New York City Council passed the Wrongful Discharge Law, which prohibited fast food employers from terminating employees “except for just cause or for a bona fide economic reason.” A bill has now been...more
Arrington v. Burger King Worldwide, Inc., No. 20-13561 (11th Cir. Aug. 31, 2022) – In October 2018, a former line cook of a Burger King franchise restaurant in Illinois, filed a class action complaint in the District Court...more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more
As we previewed previously, a number of hot-button legislative proposals made it to Governor Newsom’s desk this year – many of which would change the landscape for California employers. For the first time since the COVID-19...more
This week, we look at labor law and pay developments from the National Labor Relations Board (NLRB) and in California. NLRB Continues Union-Friendly Direction Two recent actions from the NLRB show a continued pro-employee...more
Eight months of legislative wrangling and dealmaking have come to an end as the California Legislature just wrapped up work for the year – and now employers across the Golden State turn their eyes to the governor’s office to...more
A federal judge in the U.S. District Court for the Northern District of Illinois has held that an antitrust challenge to a “hiring restriction [that] prevented” plaintiff employees “from taking a better-paying position with a...more
The New York City Fair Workweek Law was initially enacted in 2017 to expand wage and hour protections for employees working at fast food businesses. On December 17, 2020, the City Council amended the Fair Workweek Law by...more
The last two years have been an interesting respite for California employers. The COVID-19 pandemic impacted the legislature – just like other businesses – which resulted in abbreviated legislative schedules, fewer bills...more
New York City regulators recently proposed new rules that will further burden fast food employers, revealing a mixed bag of employer-unfriendly interpretations of existing city law while introducing potentially immense...more
Year two of the COVID-19 pandemic brought many new legislative changes for New York employers, altering the landscape around workplace safety, employee pay, leave benefits, protected classes and activity, and privacy. Now...more
Effective as of July 5, 2021, New York City fast food employers may only discharge employees for just-cause. This new law effectively chips away at the American tradition of at-will employment. Originally published in the...more
New York City’s new law severely limiting at-will employment in the fast-food industry is scheduled to go into effect on July 4, 2021. Although a lawsuit seeking to enjoin the law is pending, covered employers should be...more
In a move that will likely cause local fast food restaurants to strongly consider automating many jobs currently performed by human beings, New York City has enacted a pair of laws effectively eliminating the at-will...more
Mayor Bill de Blasio recently signed two bills, Int. No. 1415-A and Int. No. 1396-A, into law (collectively, the “Laws” or “Law”) that will have a dramatic impact on fast-food employment. Effective July 4, 2021, the Laws will...more
The New York City Council has passed two bills that limit employers’ ability to discharge employees in the quick-service restaurant industry. In an expansion of the Fair Workweek Law, the new legislation permits employers to...more
Mayor Bill De Blasio signed into law two bills on January 5, 2021, 1396-A and 1415-A as introduced in 2019, regulating employment in the fast food industry. The bills create limitations that affect hiring, firing,...more
I was recently asked to speak to a Human Resources Management class at a local university about how American employment law is different from employment laws in other countries. While there are many things that distinguish...more