News & Analysis as of

Cause of Action Accrual Employer Liability Issues

Proskauer Rose LLP

Latest 'Nuclear Verdict' Underscores Jury-Trial Employer Risk

Proskauer Rose LLP on

Last month, in Jane Doe v. Alkiviades David, a Los Angeles Superior Court jury returned a verdict in a sexual assault and harassment case in the amount of $900 million. This verdict is one of the largest ever for a...more

Littler

New Jersey Court Clarifies Application of 2019 Wage and Hour Law Amendments

Littler on

On August 6, 2019, New Jersey’s wage and hour laws were amended to include liquidated damages on some claims, a new retaliation cause of action, and expansion of the statute of limitations from two to six years (the “2019...more

Seyfarth Shaw LLP

Cutting Off Claims – When Does the FTC Noncompete Ban Allow for Accrued Actions?

Seyfarth Shaw LLP on

The FTC’s Final Rule banning non-competes in worker agreements contains a noteworthy exception that its provisions “do not apply where a cause of action related to a non-compete clause accrued prior to the effective date.” ...more

Mintz - Employment Viewpoints

Chicago Employers Must Now Provide Sick Leave and PTO to Employees - Update

The City of Chicago recently enacted a new Paid Leave and Paid Sick and Safe Leave ordinance. Though initially slated to go into effect December 31, 2023, on December 13, 2023, the Chicago City Council voted to amend the...more

CDF Labor Law LLP

California Warehouse Distribution Centers to be Subject to Unprecedented Quota Disclosure Requirements

CDF Labor Law LLP on

Last week, on September 22, 2021, Governor Newsom signed AB 701, which creates new obligations for certain employers with warehouse distribution centers that use production quotas, effective January 1, 2022....more

Proskauer - California Employment Law

New California Law Imposes Strict Limits on Warehouse Distribution Centers (This Means You, Amazon!)

A new California law, effective January 1, 2022, closely regulates productivity quotas for warehouse distribution centers.  AB 701 applies to employers of 100 or more employees at a single warehouse distribution center or...more

CDF Labor Law LLP

Ninth Circuit Offers Glimmer of Hope for Employers Against PAGA Suits

CDF Labor Law LLP on

The Ninth Circuit in Magadia v. Wal-Mart Associates, Inc., No. 19-16184 (May 28, 2021) (“Magadia”), recently provided what is perhaps the first hopeful road map for employers to defend themselves against PAGA claims since a...more

Cozen O'Connor

Court Finds Implied Wrongful Discharge Cause of Action Under PA Medical Marijuana Act

Cozen O'Connor on

In a recent decision, a Pennsylvania county court ruled that the state’s Medical Marijuana Act creates a private cause of action for employees who have been terminated for their off-duty use of prescribed medical...more

FordHarrison

The Gig is Up – New Jersey Misclassification Laws Create Extreme Risk for Anyone Utilizing Independent Contractors

FordHarrison on

Soon after being elected, New Jersey’s Governor created a task force to end misclassification of independent contractors, and the state’s Department of Labor and Workforce Development (DOL) began increasing audits and its...more

Kramer Levin Naftalis & Frankel LLP

A Comprehensive Whistleblower Protection for the EU

On April 23, Kramer Levin reported on the European Parliament’s approved proposal for the adoption of a whistleblower protection directive. On Oct. 7, the Directive on protection of persons reporting breaches of Union law...more

Lewitt Hackman

California’s Hair-Raising Employment Laws: 2020 Legislative Update

Lewitt Hackman on

Continuing with our legislative update, today we will offer insights into new bills expanding the Department of Fair Employment and Housing’s (DFEH) authority and the Fair Employment and Housing Act’s (FEHA) protected...more

Morgan Lewis

New York Court Ruling on Pay Frequency Could Expand Liability for Employers

Morgan Lewis on

New York’s Appellate Division, First Department (Appellate Division) issued a significant wage and hour decision on September 10 that will require employers to reevaluate their frequency of pay practices and policies. In Vega...more

Polsinelli

Supreme Court of Kentucky Reaffirms Public Policy Claim Must Have “Employment Related Nexus” to Support Wrongful Discharge Suit

Polsinelli on

In a recent decision, Marshall v. Montaplast of North America, Inc., the Supreme Court of Kentucky reaffirmed that a cause of action for wrongful termination based on a violation of public policy may proceed only if the...more

Littler

A New Cause of Action: Massachusetts High Court Rules That Denying A Lateral Transfer Request Could Constitute Discrimination

Littler on

On January 29, 2019, the Massachusetts Supreme Judicial Court held that failing to grant a lateral transfer for discriminatory reasons may constitute an “adverse employment action” that violates Massachusetts law, G.L. c....more

Seyfarth Shaw LLP

Tired Of Waiting For FLSA Litigation? Meet PAID, WHD’s Pilot Program For Proactive Employers.

Seyfarth Shaw LLP on

On Tuesday, the Wage & Hour Division announced a new program for resolving violations of the FLSA without the need for litigation. The Payroll Audit Independent Determination program—or “PAID”—is intended to facilitate the...more

Hinshaw & Culbertson LLP

Employment Practices Newsletter - June 2016

EEOC Issues Final Regulations on Wellness Programs - It seems to be a win-win when employers who provide employees with incentives to encourage healthy behavior. But employers that do so must contend with an alphabet...more

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