FOCUS ON THE PREGNANT WORKERS FAIRNESS ACT -
Pregnant Workers Fairness Act Expands Protections for Pregnant Employees -
The Pregnant Workers Fairness Act (PWFA) expands on the protections prohibiting discrimination...more
The pandemic has changed the way the world works. Employers are dealing with demands from employees who want the workplace to work for them. Shook Employment Litigation and Policy Chair Bill Martucci discusses with colleagues...more
We’ve all heard the song “California Dreaming.” But it’s no dream for employers that Golden State trends impact wage and hour laws across the country. California has some of the nation’s strictest wage-and-hour laws and...more
Recently, in Adolph v. Uber Tech., Inc., the California Supreme Court held that plaintiffs who proceed to arbitration on individual labor code claims do not lose standing to bring representative claims in court under the...more
Recently, in Adolph v. Uber Tech., Inc., the California Supreme Court held that plaintiffs who proceed to arbitration on individual labor code claims do not lose standing to bring representative claims in court under the...more
Multiple states have adopted various E-Verify requirements, making compliance tricky for employers operating in numerous states. In March 2023, Florida Governor Ron DeSantis signed into law a bill that, among other things,...more
In a recent decision, the Ninth Circuit affirmed a District of Oregon ruling for Amazon.com, Inc., stating that the plaintiff failed to allege that undergoing mandatory security screenings was “an integral and indispensable...more
3/30/2023
/ Amazon Marketplace ,
Class Action ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Integrity Staffing v Busk ,
OR Supreme Court ,
Screening Procedures ,
State Labor Laws ,
Wage and Hour
On January 5, 2023, the Federal Trade Commission (FTC) published a new proposed rule that would ban employers’ use of covenants not to compete. The rule comes in the wake of an Executive Order issued by the Biden...more
As we ring in the new year, employers around the country will be bringing in new or updated employee privacy notices. And while these notices were initially targeted to California employees because of privacy requirements...more
A Ninth Circuit panel recently ruled that Target Corp.’s pay practices comport with California law, and as such, Target’s motion for judgment on the pleadings should have been granted by the district court. See Bowen v....more
A California appellate court recently overturned a jury verdict finding a Jack in the Box manager was misclassified under the executive exemption. The court found one question on the jury verdict form was too narrow in that...more
Most employers doing business in California are likely to soon face increased reporting and pay transparency requirements under a new law that is set to be signed by Governor Gavin Newsom. The law, which would expand...more
The Massachusetts Crown Act, which stands for “Creating a Respectful and Open World for Natural Hair,” is a law that prohibits race-based hair discrimination. The purpose of the Crown Act is to prohibit the denial of...more
The pandemic has changed the landscape of an employee’s work life in its entirety. Employees were uprooted from their normal routines and required to work from their homes. The result? Growing concerns regarding burnout and a...more
Beginning November 1, 2022, a recent amendment—often referred to as the “Salary Transparency Law”—to the New York City Human Rights Law (NYCHRL) is set to go into effect. The Salary Transparency Law requires certain employers...more
In light of the many dynamic public policy considerations in this area of the law, this brief summary of New York law may be helpful for employers trying to navigate covenants not to compete both in hiring and terminating....more
The U.S. Equal Employment Opportunity Commission (EEOC) regularly collects data from employers in the EEO-1 Report. Employers that meet the reporting threshold have a legal obligation to provide the data. The data is used by...more
Hear how a decades-old landmark law guides today’s employers on some of the most pressing issues facing companies. Bill Martucci, who leads Shook, Hardy & Bacon’s national Employment Litigation and Policy Practice, shares...more
The California Supreme Court’s recent interpretation of a California labor statute is sure to have a tremendous impact on employers in the state. By determining that “regular rate of compensation” under Labor Code § 226.7(c)...more
The New York City Human Rights Law (NYCHRL) was recently amended by Local Law 4, which took effect on July 29, 2021. The Amendment expands the protections of the 2015 Fair Chance Act (FCA) to New York City job applicants...more
The Illinois governor has signed an amendment to the state's Wage and Payment Collection Act that increases the penalty for underpaying employee wages from 2% of the amount of the underpayment per month to 5%....more
As Bloomberg Law recently reported, at least “[t]en shareholder proposals to disclose EEO-1 data revealing a company’s workforce race, ethnicity, and binary gender makeup—or to produce diversity, equity and inclusion (DE&I)...more
In a recent ruling, the 9th Circuit overturned a $102 million judgment against Walmart for alleged meal break and wage statement violations. In an opinion demonstrating the complexity of California PAGA litigation, the court...more
Nearly a year ago, on August 26, 2020, the Securities and Exchange Commission (SEC) announced that it updated the public disclosure requirements by requiring new descriptions of business (Item 101), legal proceedings (Item...more
The Equal Employment Opportunity Commission (EEOC) has updated its ongoing COVID-19 guidance to address questions related to the administration of COVID-19 vaccinations for employees. Specifically, EEOC updated Section K of...more