In California, although the prevailing rule is that each party in litigation must cover their own fees and costs, a litigant can be awarded reasonable attorney’s fees and costs if expressly permitted in a contract....more
On July 13, 2023, the Department of Labor’s Occupational Safety and Health Administration (“OSHA”) announced the launch of a three-year National Emphasis Program meant to prevent workplace hazards in warehouses, processing...more
8/18/2023
/ California ,
Distribution Centers ,
Employer Liability Issues ,
Health and Safety ,
Heat Exposure ,
Labor Reform ,
Labor Regulations ,
OSHA ,
State Labor Laws ,
Warehouses ,
Workplace Safety
As we previously reported, the Equal Employment Opportunity Commission (“EEOC”) has had on its radar potential harms that may result from the use of artificial intelligence technology (“AI”) in the workplace. While some...more
The Fair Labor Standards Act of 1938 (“FLSA”) created the right to a minimum wage and overtime pay. The FLSA also provides exemptions to overtime pay requirements for certain employees. Under the “bona fide executive”...more
3/16/2023
/ Employees ,
Employer Liability Issues ,
Employment Litigation ,
Exemptions ,
Fair Labor Standards Act (FLSA) ,
Highly Compensated Employees ,
Minimum Wage ,
Misclassification ,
Over-Time ,
SCOTUS ,
Wage and Hour
As the end of the year draws near, it is important for employers in California to remember there are multiple COVID-19 regulations and laws that will still apply to the workplace in 2023. The Division of Occupational Safety...more
12/22/2022
/ Cal-OSHA ,
California ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
New Legislation ,
New Regulations ,
Notice Requirements ,
Paid Sick Leave ,
Reporting Requirements ,
Screening Procedures ,
Virus Testing ,
Workplace Illness and Injury Reporting ,
Workplace Outbreaks
On September 15, 2022, the California Occupational Safety and Health Standards Board (“Board”) met to consider whether to adopt the proposed COVID-19 Permanent Standard (“Permanent Standard”)[1] to replace the current...more
On September 15, 2022, the California Occupational Safety and Health Standards Board (“Board”) will hold a public hearing to address its draft proposed COVID-19 Permanent Standard (“Permanent Standard”). At the hearing, the...more
Employers faced with an apparent trade secret misappropriation by former employees must decide what jurisdiction to bring suit in. For an employer headquartered outside of California who employs California residents working...more
3/30/2022
/ Appeals ,
California ,
Choice-of-Law ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Forum Selection ,
Labor Code ,
Misappropriation ,
Non-Compete Agreements ,
Out-of-State Companies ,
Trade Secrets
On January 13, 2022, the United States Supreme Court granted emergency relief to the petitions of numerous states, businesses, and non-governmental organizations by staying the implementation and enforcement of the federal...more
1/17/2022
/ Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Mandates ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety