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California employers in the agriculture industry are facing challenges this spring after two major developments last month. First, new rules took effect requiring employers to provide a special written notice to H-2A...more
California has long had the most restrictive laws against employee non-compete agreements. Effective January 1, two new legislative bills, Senate Bill 699 and Assembly Bill 1076, tightened California’s restrictions even...more
In James Construction Group, LLC v. Westlake Chemical Corporation, the Texas Supreme Court clarified the standard necessary to satisfy notice provisions in a construction contract. The Court’s opinion reached two key...more
Notice provisions outlining the proper method for conveying key information are omnipresent in commercial contracts, but they are also frequently overlooked. This combination makes such provisions a common source of...more
Effective May 7, 2022, employers in New York State will need to provide written notice to new hires where the employer “monitors or otherwise intercepts [employee] telephone conversations or transmissions, electronic mail or...more
Mayor Muriel Bowser signed the District of Columbia’s Ban on Non-Compete Agreements Amendment Act of 2020 (D.C. Act 23-563) (the Act) on January 11, 2021. The Act includes one of the most expansive bans on non-compete...more
Senate Bill 657, a new law which becomes effective on January 1, 2022, in recognition of the prevalence of remote workers during the COVID-19 pandemic, permits employers to email required employment postings to employees....more
From time to time, situations arise that prompt an employer to want to review an employee’s emails and other electronic communications. In matters involving internal investigations, concerns about a breach of an employee’s...more
Earlier this month, New York Governor Kathy Hochul signed into a law a bill that will require New York private sector employers to provide written notice to employees before engaging in electronic monitoring of their...more
New York employers who monitor employee’s telephone calls, e-mails, or internet use must soon provide written notice to employees. The change comes during an era where many employees are communicating with each other via...more
Employers covered by the Duluth, Minnesota Sick and Safe Time ordinance will need to revisit relevant policies in light of amendments that will become effective August 19, 2021. The mayor signed File # 21-023-O (which...more
While the Consolidated Omnibus Budget Reconciliation Act (“COBRA”) continuation coverage subsidy requirements imposed by the American Rescue Plan Act of 2021 are at the forefront of employers’ minds, recent litigation trends...more
On January 12, 2021 Massachusetts Governor Charlie Baker signed into law Bill S2841 amending Chapter 138 of the General Laws by inserting Sec. 25E 1/2. Under M.G.L.A. 138 § 25E ½ “a brewery may, without good cause, terminate...more
On September 17, 2020, Governor Newsom signed Assembly Bill (AB) 685 into law, establishing new requirements for employers to notify employees and their unions about a potential COVID-19 exposure in the workplace. The new...more
On May 3, 2020, Mayor Eric Garcetti signed into law two COVID-19-related ordinances regarding worker recall and retention rights. The ordinances apply to certain workers employed by or contracted to provide service to covered...more
The Third Circuit Court of Appeals issued an en banc decision in Riccio v. Sentry Credit, overturning Graziano v. Harrison, after finding that there is no written dispute requirement in Section 1692g(a)(3) of the Fair Debt...more
With the end of the school year slowly approaching, remember that any recommendations to non-renew a probationary teacher’s employment for the next school year must likely be acted upon at the board’s March or April meeting. ...more
The Federal Trade Commission recently released its preliminary report on two studies it conducted to help understand the effectiveness of class action settlement notices and to “develop information to help improve settlement...more
Michigan’s law for car insurance cancellation for non-payment provides important protection for drivers who may be at risk of being denied No-Fault insurance coverage due to nonpayment. ...more
There have been recent developments in the enforcement of the California Safe Drinking Water and Toxic Enforcement Act of 1986 (also known as Proposition 65 or Prop 65) that require businesses with 10 or more employees to...more
One of the most important rights a taxpayer has during the Internal Revenue Service (“IRS”) administrative collection process is to be notified of their right to a collection due process hearing before the IRS issues a levy....more
It is not a wise career move for a registered rep to leave his broker-dealer – thereby abandoning his customers, and affording competitors the opportunity to make his customers their own – and then to begin the long,...more
Effective December 31, 2018 the minimum wage will rise across New York. The new minimum wage will vary depending on the location and, in New York City, the size of the business. ...more
Last month, the California Court of Appeal determined in Khan v. Dunn-Edwards Corp., 2018 Cal.App. LEXIS 44 (Cal. App. 2d Dist. Jan. 4, 2018)(certified for publication), that a former employee’s claim under the Private...more
While insurance claims may be far from the first priority for clients affected by Hurricane Harvey, a new law takes effect on Sept. 1, 2017, that may affect first-party property insurance claims stemming from Harvey, floods...more