http://feeds.lexblog.com/laboremploymentlawblog/OJAv
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New York City Employers Must Display Workers’ Bill of Rights Poster Beginning July 1, 2024On November 2, 2023, the New York City Council passed a bill [1] requiring the New York City Department of Consumer and Worker Protection...
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Federal Judge’s Decision Deals Serious Blow to NLRB’s Joint Employer Rule and Continued Efforts to Expand Who Constitutes an Employer Under the NLRAOn March 8, 2024, a federal judge in the United States District Court for the Eastern District of Texas dealt a serious blow to the National Labor...
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California Supreme Court Confirms the “Knowing and Intentional” Standard of California’s Wage Statement Law Requires a “Knowing and Intentional” ViolationIn Naranjo v. Spectrum Security Services , the case’s second appearance before the California Supreme Court in two years, the Supreme Court...
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OSHA Issues Final Rule Clarifying an Employee’s Ability to Have a Non-Employee Representative Present During InspectionOn April 1, 2024, the U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) published its Final Rule clarifying the...
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Washington’s Amended Non-Compete Law Creates New Considerations for EmployersWashington Governor Jay Inslee recently signed Senate Bill 5935 into law, amending and expanding Washington’s statute restricting the...
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U.S. District Court Grants 10(j) Injunctive Relief and Requires Employer to Bargain With Union That Lost Secret Ballot ElectionOn May 14, 2024, the United States District Court for the District of Massachusetts granted a petition for interim injunctive relief under...
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Supreme Court Rules Trial Courts Must Stay, Not Dismiss, Lawsuits During ArbitrationOn May 16, 2024, the United States Supreme Court resolved a circuit split regarding whether Section 3 of the Federal Arbitration Act (“FAA”)...
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Ninth Circuit Rules That Only Individual PAGA Claims Can Be Compelled to ArbitrationOn May 10, 2024, the Ninth Circuit decided Yuriria Diaz v. Macy’s West Stores , after the employer appealed the district court’s decision...
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Los Angeles Announces New Fair Chance OrdinanceOn February 27, 2024, Los Angeles County announced a new Fair Chance Ordinance . This ordinance is set to take effect on September 3, 2024, and...
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NLRB Finds GW Hospital Failed to Bargain in Good Faith in Reversal of Vacated DecisionOn May 8, 2024, the National Labor Relations Board (“Board”) issued a decision reversing a 2021 decision the Board previously vacated after...
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It’s Not Just the NLRB Watching You – NLRB Adds the Consumer Financial Protection Bureau to Its Ever Growing List of Interagency CollaborationsOn March 7, 2023, the National Labor Relations Board (NLRB) and the Consumer Financial Protection Bureau (CFPB) signed a Memorandum of...
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On the Horizon: Broad Employment Protections for Marijuana Users in the District of ColumbiaLast summer, the Washington D.C. Council unanimously passed a bill that prohibits employers from refusing to hire, terminating, suspending,...
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NYC Issues Final Regulations for Automated Employment Decision Tools Law, Delays Enforcement to July 5, 2023On April 6, 2023, the New York City Department of Consumer and Workforce Protection (“DCWP”) promulgated its final regulations (the “Final...
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Fording Viking River, Another California Court of Appeal Holds That PAGA Plaintiffs Maintain Standing to Pursue “Representative” Claims Even if Compelled to Arbitrate “Individual” ClaimsCalifornia’s Private Attorneys General Act of 2004 (“PAGA”) allows employees to act as an “agent” of the State of California and recover civil...
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New York State Catches up to New York City, Expanding Accommodations for Nursing Mothers in the WorkplaceSince 2017, New York State’s Nursing Mothers in the Workplace Act has required New York State employers to provide daily paid or unpaid break time...
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Rescinding a Lame Duck Trump Administration Rule, DOL Returns to Its Longstanding Policy on Religious Exemptions for Federal ContractorsOn March 31, the Office of Federal Contract Compliance Programs (OFCCP) rescinded a Trump Administration rule that provided a faith-based...
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UPDATED: The City of Los Angeles’ Fair Work Week Ordinance Will Take Effect April 1, 2023The City of Los Angeles’ Fair Work Week Ordinance will take effect on April 1, 2023. The Ordinance , which was unanimously passed by the Los...
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NLRB General Counsel Releases Memo Concerning Confidentiality and Non-Disparagement Clauses in Severance Agreements Post-McLarenOn March 22, 2023 Jennifer Abruzzo, General Counsel (“GC”) of the National Labor Relations Board (“NLRB” or the “Board”) issued a memorandum...
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California Court of Appeal Holds That a PAGA Plaintiff Maintains Standing to Assert Representative Claims Even When Individual Claims Are Compelled to ArbitrationOn February 2, 2023, the California Court of Appeal issued an important follow-up decision to the United States Supreme Court’s decision in...
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Supreme Court Clarifies a “Day-Rate” Does Not Meet the FLSA “Salary Basis” Test, Even for Highly Compensated EmployeesThe Fair Labor Standards Act of 1938 (“FLSA”) created the right to a minimum wage and overtime pay. The FLSA also provides exemptions to...
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New York Amends Statewide Pay Transparency LawOn March 3, 2023, Governor Kathy Hochul signed a series of amendments to the New York Pay Transparency Law (“NYPTL”) into law. As we previously...
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We Can Now Add Civility and Secrecy to the List of Things Money Can’t Buy: NLRB Rules Non-Disparagement and Confidentiality Clauses in Severance Agreements Unlawfully Restrain and Coerce EmployeesAs we previously reported , the National Labor Relations Board (“NLRB” or “Board”) under President Biden is working to undo much of any...
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Time to Update Your Policies: Illinois Passes Sweeping Paid Leave LegislationRecently, Illinois became the third state to pass a mandatory paid time off law called the “Paid Leave for All Workers Act” (the “Act”), which...
