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Amendments to California’s Private Attorneys General Act

For years, California employers have struggled to deal with claims under the state’s Private Attorneys General Act (“PAGA”)(Labor Code §§ 2699, et seq.), known – without affection – in the early days as the “Sue Your Boss”...more

FTC Rule Banning Most Non-Competes Would Outlaw Forfeiture Provisions

The Federal Trade Commission (“FTC”) recently issued a Final Rule (the “FTC Rule”) that, unless invalidated by the courts, will soon prohibit most non-compete provisions. In its current form, the FTC Rule will cover not...more

DOL Issues Final Rule Increasing Salary Thresholds for Overtime Exemptions

On April 23, 2024, the U.S. Department of Labor (“DOL”) issued its final rule on “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees”, which extends...more

EEOC Issues Final Rule Implementing the Pregnant Workers Fairness Act

On April 15, 2024, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued a preview notice of the final rule implementing the Pregnant Workers Fairness Act (“PWFA”). The PWFA became effective on June 27, 2023, and...more

“Equivalent Benefits” Requirements for Illinois Staffing Employees Temporarily Enjoined

The U.S. District Court for the Northern District of Illinois (the “District Court”) recently entered a temporary injunction halting enforcement of certain benefits-related provisions under the Illinois Day and Temporary...more

‘Tis the Season: Annual Party Pooper’s Guide to the Holidays

‘Tis the season for celebration. For employers, that may mean hosting an annual holiday party, catering an office luncheon, or distributing end-of-year gifts and bonuses. However, with the holiday season comes potential...more

NLRB Final Joint Employer Rule Expands Joint Employment Under the NLRA

On October 27, 2023, the National Labor Relations Board (“NLRB”) issued a long-awaited final rule on the criteria for establishing joint employer status under the National Labor Relations Act (“NLRA”). This rule becomes...more

Michigan’s Governor Signs Legislation Repealing Right-To-Work Law

On March 24, 2023, Michigan became the first state in decades to repeal its “Right-to-Work” law. Two days after Governor Whitmer signed the legislation into law, the Teamsters celebrated the repeal with the Governor. Michigan...more

NLRB Issues Guidance in Response to Inquiries Involving Non-Disparagement and Confidentiality Provisions in Severance Agreements

As outlined in the February 22, 2023 SGR Client Alert, the National Labor Relations Board (“NLRB”) ruled in McLaren Macomb that severance agreements may not contain general non-disparagement or confidentiality/non-disclosures...more

New Group Health Plan Annual Attestation Requirement

Group health plans are now required to submit an annual attestation confirming that the agreements the plan enters into with its service providers do not contain “gag clauses,” which are limitations regarding the plan’s...more

U.S. Supreme Court Rules Supervisor Earning More Than $200,000 A Year Was Entitled To Overtime Compensation

On February 22, 2023, the United States Supreme Court issued the long-awaited decision in Helix Energy Solutions Group, Inc. v. Hewitt. The Supreme Court held that a highly compensated employee who is paid solely on a...more

Court of Appeals Blocks California’s Ban On Employment Arbitration Agreements

In a recent decision that is good news for California employers, the U.S. Court of Appeals for the Ninth Circuit affirmed the district court’s ruling striking down California Assembly Bill 51 (“AB 51”) as preempted by the...more

Employers Must Carefully Draft Severance Agreements After NLRB Deems Non-Disclosure and Non-Disparagement Provisions Violate The...

The National Labor Relations Board (“NLRB”) ruled on February 21, 2023 that McLaren Macomb, a company that operates a Michigan hospital, violated the National Labor Relations Act (the “Act”) when it presented a “Severance...more

COVID-19 Deadline Extensions and Coverage Mandates for Benefit Plans Scheduled to End

On January 30, 2023, the Biden Administration announced its plan to end the COVID-19 public health and national emergency declarations on May 11, 2023, more than three years after the declarations initially took effect. ...more

SECURE 2.0 – What Retirement Plan Sponsors Need to Know Now

In the final days of 2022, after months of back and forth, Congress adopted a myriad of law changes for qualified retirement plans, collectively known as the SECURE 2.0 Act of 2022 (“SECURE 2.0”). SECURE 2.0 builds on the...more

Annual Party Poopers’ Guide to the Holidays: The Office Holiday Party is Back and So Are We

Over the past two years, employers dealing with the COVID-19 pandemic were forced to hold their holiday celebrations virtually via Zoom, or maybe even scrapped such events altogether given the circumstances. This year,...more

IRS Cost-of-Living Adjustments Employee Benefit Plan Limitations for 2023

The IRS has released the 2023 cost-of-living adjustments applicable to the dollar limitations on benefits and contributions of retirement plans and health and welfare benefit plans. As a result of the increase in inflation,...more

New York City’s Wage Transparency Law Goes Into Effect on November 1, 2022

On November 1, 2022, New York City’s Wage Transparency Law takes effect, intended to promote pay equity. The new law amends the New York City Human Rights Law (NYCHRL), Title 8 of the Administrative Code of the City of New...more

Illinois Expands Unpaid Bereavement Leave

Beginning January 1, 2023, employers will be required to provide expanded unpaid bereavement leave to eligible Illinois employees under the Family Bereavement Leave Act (“FBLA”). The FBLA amended the Child Bereavement Leave...more

Employer Liability in Interfering with FMLA Rights

The Seventh Circuit Court of Appeals recently issued an opinion clarifying when an employer may be held liable for interfering with its employees’ rights to take leave under the Family and Medical Leave Act of 1993 (“FMLA”)....more

July 1, 2022 Deadline for Chicago Employers to Update Sexual Harassment Policies and Display New Poster

The Chicago Human Rights Ordinance was amended recently to add significant sexual harassment prevention requirements for employers. By July 1, 2022, Chicago is requiring all employers with at least one employee working within...more

EEOC Issues Artificial Intelligence Guidance

On October 28, 2021, the U.S. Equal Employment Opportunity Commission (“EEOC”) launched the Initiative on Artificial Intelligence and Algorithmic Fairness (the “Initiative”) to ensure that artificial intelligence (“AI”) and...more

Meal and Rest Period Premium are “Wages” that Must be Reported on Wage Statements, and Paid Timely

On May 23, 2022, the California Supreme Court issued its opinion in Naranjo v. Spectrum Security Services, Inc., concluding that the one hour of additional compensation that is owed to an employee who does not receive a...more

New York City to Require Bias Audits of Automated Employment Tools

New York City passed a one-of-a-kind law that will require employers to audit automated decision-making tools used to evaluate job candidates and employees. AI and algorithm-based technologies used for hiring and promotions...more

New York City to Require Employers to List Salary Ranges in Job Postings

New York City took the next step to expand its pay transparency laws. Effective May 15, 2022, job postings must include the minimum and maximum salary offered for any position located within New York City. This amendment to...more

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