The American Bar Association Antitrust Law Section’s annual Spring Meeting earlier this month featured federal, state and international enforcers discussing a variety of antitrust and competition issues across jurisdictions....more
On September 30, 2023, California Governor Gavin Newsom signed SB 553 into law, creating a new layer to California employers’ existing injury and illness prevention programs (IIPP). Under SB 553, employers are required to...more
On January 18, 2024, in a highly anticipated and unanimous decision, the Supreme Court of California barred striking a claim under the Private Attorneys General Act (PAGA) on trial manageability grounds alone, instead...more
Effective January 1, 2023, Washington employers must comply with SB 5761, commonly known as Washington’s Pay Transparency Law, signed by Governor Jay Inslee on March 30, 2022. SB 5761 amends Washington’s Equal Pay and...more
12/6/2022
/ Employer Liability Issues ,
Equal Pay ,
Equal Pay Act ,
Governor Inslee ,
Job Ads ,
Job Applicants ,
New Legislation ,
Pay Equity Laws ,
Pay Transparency ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Washington
On May 23, 2022, the California Supreme Court issued its decision in Naranjo v. Spectrum Sec. Servs. Inc. (Naranjo), holding that meal and rest break premiums (also known as extra pay or premium pay) constitute “wages” that:...more
5/31/2022
/ CA Supreme Court ,
California ,
Employees ,
Employer Liability Issues ,
Labor Code ,
New Legislation ,
Penalties ,
Premium Pay ,
Rest and Meal Break ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Wage Statements
On February 10, 2022, the US Senate passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the Act), a bipartisan bill that invalidates and renders unenforceable predispute arbitration...more
2/16/2022
/ Arbitration ,
Arbitration Agreements ,
Employee Retirement Income Security Act (ERISA) ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Federal Arbitration Act ,
Joe Biden ,
Legislative Agendas ,
Mandatory Arbitration Clauses ,
Proposed Legislation ,
Sexual Assault ,
Sexual Harassment ,
State and Local Government ,
State Legislatures
Following a whirlwind year, that included a transition to a new presidential administration and a constantly evolving legal landscape, employers are left with more questions than answers. During this in-depth discussion, we...more
11/30/2021
/ Continuing Legal Education ,
Coronavirus/COVID-19 ,
Criminal Background Checks ,
Duty to Bargain ,
Employer Liability Issues ,
Employer Mandates ,
Employment Litigation ,
Employment Policies ,
Health and Essential Rights (HERO) Act ,
Hiring & Firing ,
Human Resources Professionals ,
Job Applicants ,
Labor Regulations ,
Minimum Wage ,
NLRB ,
State Labor Laws ,
Unions ,
Vaccinations ,
Wage and Hour ,
Webinars ,
Workplace Safety
On August 5, 2021, the California Department of Public Health (CDPH) issued a new Order that impacts healthcare employers in California. The CDPH’s Order mandates that almost all healthcare employers require their healthcare...more
On July 15, 2021, the Supreme Court of California issued a long-awaited decision in Ferra v. Loews Hollywood Hotel, LLC. The Court reversed the trial and appellate court holdings and concluded that California employers must...more
7/19/2021
/ Appellate Courts ,
CA Supreme Court ,
Compensation ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Labor Regulations ,
Rest and Meal Break ,
State Labor Laws ,
Wage and Hour
Private companies with 100+ employees (and with at least one California-based employee) must report Equal Employment Opportunity (EEO) pay and other data to the California Department of Fair Employment and Housing (DFEH) by...more
2021 Labor & Employment Legal Update: What’s to Come?
With 2020 quickly coming to a close after an unprecedented and historic year of events, we will look at what changes are expected for 2021 and how those changes may...more
11/20/2020
/ Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Anti-Retaliation Provisions ,
Class Action ,
Continuing Legal Education ,
Coronavirus/COVID-19 ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Equal Pay ,
Independent Contractors ,
Infectious Diseases ,
Labor Regulations ,
Misclassification ,
Paid Leave ,
Private Attorneys General Act (PAGA) ,
Reasonable Accommodation ,
Unpaid Leave ,
Wage and Hour ,
Webinars ,
Workplace Safety
Class action litigation brought under the Fair Credit Reporting Act (FCRA) is on the rise—particularly in California—after the US Court of Appeals for the Ninth Circuit issued a 2017 decision applying a hypertechnical...more
11/6/2020
/ Actual Damages ,
Appeals ,
Background Checks ,
Ban the Box ,
California Consumer Privacy Act (CCPA) ,
Class Action ,
Consumer Credit Reporting Agencies Act (CCRAA) ,
Defense Strategies ,
Department of Justice (DOJ) ,
Disclosure Requirements ,
Employer Liability Issues ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Credit Reporting Act (FCRA) ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Investigative Consumer Reporting Agencies Act (ICRAA) ,
Title VII ,
Webinars
Class action litigation brought under the Fair Credit Reporting Act (FCRA) is on the rise—particularly in California—after the US Court of Appeals for the Ninth Circuit issued a 2017 decision applying a hypertechnical...more
9/9/2020
/ Actual Damages ,
Adverse Employment Action ,
Attorney's Fees ,
Background Checks ,
Ban the Box ,
Class Action ,
Continuing Legal Education ,
Defense Strategies ,
Disclosure Requirements ,
Employer Liability Issues ,
Employment Litigation ,
Fair Credit Reporting Act (FCRA) ,
Hiring & Firing ,
Punitive Damages ,
Statutory Damages ,
Webinars
Class action litigation brought under the Fair Credit Reporting Act (FCRA) is on the rise—particularly in California—after the US Court of Appeals for the Ninth Circuit issued a 2017 decision applying a hypertechnical...more
7/21/2020
/ Actual Damages ,
Adverse Employment Action ,
Attorney's Fees ,
Background Checks ,
Class Action ,
Continuing Legal Education ,
Defense Strategies ,
Disclosure Requirements ,
Employer Liability Issues ,
Employment Litigation ,
Fair Credit Reporting Act (FCRA) ,
Hiring & Firing ,
Punitive Damages ,
Statutory Damages ,
Webinars
California’s new law (AB 51) criminalizing arbitration agreements in enforcement will not take effect as scheduled. A federal court issued a temporary restraining order to halt any enforcement of this law.
There are...more
Although multi-jurisdictional compliance is a challenge in relation to every aspect of employment law, the structure of employment contracts and the enforcement of global policies require particularly careful...more
10/4/2019
/ Corporate Culture ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
International Labor Laws ,
Jurisdiction ,
Public Policy ,
Wage and Hour ,
Wrongful Termination
This month, Assembly Bill 5 (A.B. 5) was signed into California law. A.B. 5 codifies the “ABC Test”—used to determine if a worker is an independent contractor—which is broader, harsher and more inclusive than the common law...more
9/25/2019
/ ABC Test ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Governor Newsom ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
New Legislation ,
State Labor Laws ,
Wage and Hour
Responses to Gender Pay Inequity: A Quick World Tour -
Most major jurisdictions have pay equity laws, but their approach is far from uniform. Global companies need to evaluate compliance with these laws on a...more
9/5/2019
/ Alien Tort Statute ,
Artificial Intelligence ,
Competition ,
EEO-1 ,
Employer Liability Issues ,
Employment Contract ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Foreign Investment ,
Gender Equity ,
International Labor Laws ,
International Tax Issues ,
Wage and Hour