On September 8, 2022, an Illinois federal judge dismissed with prejudice a Biometric Information Privacy Act (Privacy Act or BIPA) class action against an online eyewear retailer over its virtual try-on (VTO) tool,...more
California employers may soon be barred from discharging employees or refusing to hire individuals based on their off-duty use of marijuana, under a new bill headed to the governor’s desk. On August 30, 2022, the...more
9/7/2022
/ Corporate Counsel ,
Drug Testing ,
Employee Rights ,
Employment Policies ,
FEHA ,
Governor Newsom ,
Marijuana ,
Off-Duty Employees ,
Pending Legislation ,
Recreational Use ,
Screening Procedures
The panel of the Ninth Circuit Court of Appeals that largely upheld California’s law banning mandatory arbitration agreements in the employment context just withdrew its decision. On August 22, 2022, two of the three...more
8/29/2022
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Chamber of Commerce ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Hiring & Firing ,
Mandatory Arbitration ,
Mandatory Arbitration Clauses ,
Preliminary Injunctions ,
Private Attorneys General Act (PAGA) ,
State Labor Laws
On August 18, 2022, U.S. District Judge Mark E. Walker issued a preliminary injunction blocking part of Florida’s House Bill (H.B.) 7, known as the Individual Freedom Act (IFA), which prohibits employers from requiring...more
8/22/2022
/ Bias ,
Civil Rights Act ,
Constitutional Challenges ,
Corporate Counsel ,
Diversity and Inclusion Standards (D&I) ,
Employee Training ,
First Amendment ,
Free Speech ,
Governor DeSantis ,
New Legislation ,
Preliminary Injunctions ,
Public Schools ,
Race Discrimination ,
Sex Discrimination ,
Title VII ,
Training Requirements
In a decision issued on August 11, 2022, the Nevada Supreme Court declined to recognize recreational marijuana use as a “lawful” activity for purposes of the state’s law providing employment protections for “lawful...more
On May 23, 2022, the Supreme Court of California held that premium pay for missed meal and rest periods constitutes “wages” under California labor law and that employers may be held liable for the failure to properly report...more
The U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ), on May 12, 2022, issued guidance advising employers that the use of artificial intelligence (AI) and algorithmic...more