On March 19, 2025, Wyoming enacted a new law that considerably narrows the circumstances in which Wyoming employers can enter noncompete agreements. The law prohibits any covenant not to compete that restricts the right of...more
This quarter, we continue to highlight the ever-changing state and local employment law landscape. New state laws that took effect during the fourth quarter of 2024 or as of January 1, 2025, continue to focus on increasing...more
Over the past decade, states and localities have adopted sick leave laws and ordinances, and the number of sick leave laws has increased every year. The year 2025 will be no exception, as three states — Alaska, Missouri and...more
After filing to vacate the Department of Labor’s (DOL) promulgation of a new overtime rule, the State of Texas and other plaintiffs recently won their case in the U.S. District Court of the Eastern District of Texas....more
11/26/2024
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Highly Compensated Employees ,
Minimum Salary ,
Over-Time ,
Salaried Employees ,
Threshold Requirements ,
Wage and Hour ,
White-Collar Exemptions
On August 12, 2024, the Association of Christian Schools International (ACSI), a Colorado-based nonprofit that supports evangelical Christian schools, filed a complaint against the U.S. Department of Labor (DOL) challenging...more
As of September 3, 2024, employers in the unincorporated areas of Los Angeles County must comply with the Los Angeles County Fair Chance Ordinance (FCO), which places restrictions on criminal background screening beyond those...more
9/19/2024
/ Background Checks ,
Ban the Box ,
California ,
Compliance ,
Covered Employer ,
Criminal Convictions ,
Employees ,
Employer Liability Issues ,
Fair Chance Act ,
Job Applicants ,
New Regulations ,
Training
As we previously reported on April 23, 2024, the Federal Trade Commission (FTC) issued its final rule banning employers from entering into, enforcing or attempting to enforce most postemployment noncompete clauses (the Rule)....more
On July 31, 2024, the Michigan Supreme Court reinstated the original Earned Sick Time Act (ESTA) that Michigan voters initiated in 2018. Pursuant to the supreme court’s ruling, effective February 21, 2025, Michigan employers...more
On July 3, 2024, the U.S. District Court for the Northern District of Texas (the Court) issued a memorandum opinion and order that enjoined the U.S. Federal Trade Commission (FTC) from implementing or enforcing its Rule...more
On June 27, 2024, California Gov. Newsom signed legislation — Assembly Bill (AB) 2288 and Senate Bill (SB) 92 — that substantially reforms the Labor Code Private Attorneys General Act of 2004 (PAGA) The legislation, which was...more
California Gov. Gavin Newsom signed several laws impacting California employers in 2023. Some of the new laws became effective immediately and others, including some that were signed into law just weeks ago, take effect...more
Recently, the California Supreme Court ruled in The People ex rel. Lilia Garcia-Brower v. Kolla’s Inc. that California’s whistleblower protection statute (Labor Code § 1102.5) protects employees who disclose unlawful conduct,...more
7/25/2023
/ Adverse Employment Action ,
CA Supreme Court ,
California ,
Disclosure ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Labor Code ,
Policies and Procedures ,
Retaliation ,
State Labor Laws ,
Whistleblower Protection Policies ,
Whistleblowers
On July 17, 2023, the California Supreme Court unanimously held in Adolph v. Uber Technologies, Inc. that even if a plaintiff who brings a claim under California’s Private Attorneys General Act (PAGA) has their individual...more
In 2022, California Gov. Gavin Newsom signed many laws impacting California employers. Some of the new laws became effective immediately and others, including some that were signed into law just weeks ago, take effect January...more
10/14/2022
/ Cal-OSHA ,
California Privacy Rights Act (CPRA) ,
Coronavirus/COVID-19 ,
Fast-Food Industry ,
Human Trafficking ,
Layoffs ,
Marijuana ,
Paid Sick Leave ,
Sexual Assault ,
Sexual Harassment ,
State Labor Laws ,
Wage and Hour
On May 23, 2022, the California Supreme Court ruled in Naranjo v. Spectrum Security Services, Inc. that unpaid meal and rest period premiums can form the basis of claims for wage statement violations under California Labor...more
In 2021, California Gov. Gavin Newsom signed several laws impacting California employers. The new laws — some of which recently became effective and others were signed into law just weeks ago and take effect January 1, 2022 —...more
10/22/2021
/ ABC Test ,
Agricultural Workers ,
Cal-OSHA ,
California Family Rights Act (CFRA) ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Emotional Support Animals ,
Governor Newsom ,
Independent Contractors ,
Non-Disparagement Provisions ,
Personal Protective Equipment ,
Quotas ,
State and Local Government ,
State Labor Laws ,
Wage Theft ,
Warehouses ,
Workplace Safety
On September 9, 2021, the Second District of the California Courts of Appeal ruled in Fred Wesson v. Staples the Office Superstore, LLC that trial courts have “inherent authority” to strike claims under the California Private...more
On July 15, 2021, the California Supreme Court ruled that an employee’s “regular rate of compensation” for the purposes of meal and rest break penalties includes all nondiscretionary payments, not just hourly wages. This...more
In 2020, California Governor Gavin Newsom signed several laws impacting California employers. The new laws — some of which were signed into law just weeks ago — address several topics including sick leave, worker...more
10/21/2020
/ Board of Directors ,
California Consumer Privacy Act (CCPA) ,
Classification ,
Collective Bargaining Agreements (CBA) ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Diversity ,
Employer Liability Issues ,
Governor Newsom ,
Sick Leave ,
State Labor Laws ,
Unemployment Insurance ,
Wage and Hour