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New York Second Department Holds No Private Right of Action for Pay Frequency Claims

On January 17, 2024, New York’s Appellate Division Second Department held that “manual workers” under the state labor law do not have a private right of action to pursue alleged violations of the labor law’s weekly pay...more

The Data Is In - California Class Action and PAGA Filings to Hit New Highs

New class action and California Private Attorneys General Act (PAGA) filings have grown exponentially in recent years and reached record numbers in 2023. This trend is raising concerns for California employers as the state...more

DEI Under Scrutiny, Part IV: Could the ‘Background Circumstances’ Rule for Discrimination Be Primed for Supreme Court Review?

With high-profile challenges to employer diversity, equity, and inclusion (DEI) initiatives and “reverse discrimination” claims on the rise, a case reinforcing the circuit split over whether plaintiffs from a “majority” group...more

New York Governor Signs Freelance Worker Protection Bill

New York Governor Kathy Hochul recently signed into law the “Freelance Isn’t Free Act,” which will provide protections for freelance workers, mirroring those already provided in New York City....more

California Labor Agency Posts FAQs Explaining Transition to Increased Paid Sick Leave Requirements

The California Department of Industrial Relations (DIR) recently released new guidance clarifying how employers using mandatory paid sick leave accrual and caps may transition to the increased amount of forty hours or five...more

New York Lawmakers Deliver Noncompete Bill to Governor Without High-Income Exception - Could Amendments Be in the Works?

On December 12, 2023, New York lawmakers formally delivered a bill to Governor Kathy Hochul’s desk for signature that would ban nearly all types of noncompete agreements in employment. The legislature and governor’s office...more

New York Enacts ‘Workers’ Bill of Rights’ Notice and Posting Requirements

Beginning on July 1, 2024, New York City employers will be required under a newly enacted city law to distribute and post a city-created “Workers’ Bill of Rights” notice informing employees of their employment rights....more

Supreme Court Says Case Over ADA ‘Tester’ Standing Is Moot, But Issue is Still Alive

On December 5, 2023, the Supreme Court of the United States vacated a case over whether a self-proclaimed “tester” had standing to bring Americans with Disabilities Act (ADA) claims against a hotel that she did not plan to...more

New York Expands Restrictions on Nondisclosure Agreements Related to Discrimination, Harassment, and Retaliation Claims

New York State recently enacted laws to further restrict the use of nondisclosure agreements in connection with resolution of employment discrimination, harassment, and retaliation claims and extend the statute of limitations...more

REMINDER - New York City Height and Weight Discrimination Law Goes Into Effect November 22, 2023

The New York City ordinance banning discrimination in employment, housing, and public accommodations on the basis of an individual’s height and weight is set to go into effect on November 22, 2023....more

Governor Newsom Signs Bill Reinforcing State’s Ban on Noncompete Agreements

On October 13, 2023, California Governor Gavin Newsom signed a bill into law that will reinforce the state’s ban on noncompete agreements in employment by making it unlawful for employers to mandate that employees sign...more

Washington Employers Beware - Barrage of Suits Filed Over Pay Range Disclosure Law

Employers in Washington are facing a flurry of class actions alleging violations of the state’s new pay transparency law. While it is too early to gauge the viability of the claims, employers doing business in Washington may...more

New York Governor Signs Law Banning Mandatory ‘Captive Audience’ Meetings

On September 6, 2023, New York Governor Kathy Hochul signed a law that prohibits employers from requiring employees to attend employer-sponsored meetings the “primary purpose” of which is to communicate the employer’s...more

Unwanted World Cup Kiss - Incident Involving Spain Soccer President Highlights Workplace Harassment Risks

Luis Rubiales resigned as the president of the Spanish soccer federation (RFEF) amid controversy over his kissing a women’s national team player without her consent following the team’s 2023 FIFA Women’s World Cup win. The...more

Past Practice in the Past? NLRB Narrows Past Practice Defense for Employer Unilateral Action During Bargaining

On August 30, 2023, the National Labor Relations Board (NLRB) released two decisions that will make it more difficult for employers to implement past practices during a break in bargaining or at an impasse, opening the door...more

Fifth Circuit Upends ‘Ultimate Employment Decision’ Requirement for Title VII Discrimination Claims

On August 18, 2023, in Hamilton v. Dallas County, the full Fifth Circuit Court of Appeals upended a longstanding precedent, significantly broadening the types of adverse employment actions that could give rise to an...more

Arizona Unveils New State Emphasis Program to Address Heat-Related Illnesses

The Arizona Division of Occupational Safety and Health (ADOSH) has unveiled a new comprehensive state emphasis program (SEP) aimed at mitigating heat-related illnesses and injuries at both indoor and outdoor workplaces....more

New York State Bill Proposed to Restrict Electronic Monitoring, Automated Employment Decision Tools

Under a recently introduced bill, employers across New York State could face new restrictions on the electronic surveillance of workers and the growing use of automated decision-making and artificial intelligence (AI)...more

Maine Raises Discrimination Damages Caps and Expands Employee Protections

Maine recently wrapped a busy 2023 legislative session that brought several significant legal changes relevant for employers. Those changes include increasing the cap on damages for violations of the Maine Human Rights Act...more

Claim Employer Exaggerated Scope of Noncompete Survives Motion to Dismiss in Illinois Federal Court

In a recent decision, a federal trial court in Illinois allowed an employee’s tortious interference claim to continue against his former employer alleging it had exaggerated the reach of a noncompete agreement that he had...more

New York City Releases New Guidance on Law Regulating Use of Automated Employment Decision-Making Tools

On June 29, 2023, the New York City Department of Consumer and Worker Protection (DCWP) issued new guidance on the enforcement of the city’s law regulating the use of automated employment decision tools (AEDTs) ahead of the...more

New Washington Class Action Raises Concerns for Employers Under State’s Noncompete Ban

A putative class action recently filed in Seattle, Washington, against a solar energy equipment company could be the first lawsuit to test the bounds of the state’s relatively new restrictions on noncompetition agreements for...more

NLRB General Counsel Says Noncompete Agreements Violate Federal Labor Law

The National Labor Relations Board (NLRB) General Counsel (GC) issued a memorandum on May 30, 2023, declaring her opinion that the “proffer, maintenance, and enforcement” of noncompete agreements in employment contracts and...more

Minnesota Governor Signs Labor Funding, Noncompete Ban Bill Into Law

On May 24, 2023, Minnesota Governor Tim Walz signed into law a sweeping omnibus jobs and economic development and labor funding bill that will invest $500 million in a fund to match federal investments in infrastructure and...more

NLRB General Counsel Seeks Quicker Compliance With Board Orders

In yet another effort to speed up the processing of cases, the National Labor Relations Board (NLRB) general counsel on May 22, 2023, issued a memorandum instructing Regional Offices to speed up compliance with Board-ordered...more

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