The 12 Days of California Labor and Employment Series – Day 2 "Requiring a Driver’s License May Not Be Wise"

In the spirit of the season, we are using our annual "12 Days of California Labor and Employment" blog series to address new California laws and their impact on employers. On the second day of the holidays, my labor and employment attorney gave to me two turtle doves and SB 1100. More ›

The 12 Days of California Labor and Employment Series – Day 1 "Additional Protections for Victims of Violence"

The end of one thing is always the beginning of another. That also rings true for years end and new employment laws. It is time, once again, for all California employers to sit down, buckle up, and get ready for the 2025 employment law updates and changes.

For the first time since 2020, COVID-19 has dropped off the radar regarding new or changing employment laws. Workplace violence and safety, discrimination, and paid leave laws are at the top of the list as we enter 2025. Before we pop the champagne and say goodbye to 2024, it is time to reprise our annual review of key California labor and employment law developments.

In the spirit of the season, we are kicking off our annual "12 Days of the Holidays" blog series to address new California laws and their impact on employers. On the first day of the holidays, my labor and employment attorney gave to me a partridge in a pear tree and AB 2499.  More ›

Federal Court Strikes Down Overtime Rule: What Employers Need to Know

On November 15, 2024, a federal district court in Texas struck down the U.S. Department of Labor ("DOL") Final Rule that would have made over four million additional workers eligible for overtime pay. The Final Rule significantly increased the salary threshold for white-collar workers to be exempt from overtime under the Fair Labor Standards Act ("FLSA").

Judge Sean D. Jordan granted the plaintiffs' motion for summary judgment and enjoined enforcement of the Final Rule, finding it exceeded the agency's authority. More ›

Taking a Deeper Look at the Implications of the NLRB Declaring Captive-Audience Meetings Unlawful

On November 13, 2024, the National Labor Relations Board (NLRB) issued a decision in Amazon.com Services LLC, holding that "captive-audience meetings" are unlawful under the National Labor Relations Act (NLRA). This decision reverses 76 years of precedent, which permitted employers to hold such meetings. More ›

Is Your Business Prepared to Comply With New York's Retail Worker Safety Act?

On September 4, 2024, Governor Kathy Hochul signed the Retail Worker Safety Act  (the "Act") into law. The Act, which takes effect on March 3, 2025, requires retail employers to develop and implement programs to prevent workplace violence. It also requires retail employers with 500 or more retail employees nationwide to install panic buttons by January 1, 2027. More ›

How the EFAA Applies to Employee Arbitration Agreements in Sexual Harassment Cases Involving Conduct That Preceded the Law’s Effective Date

On August 12, 2024, the Second Circuit held that a plaintiff's hostile work environment claims were subject to the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 ("EFAA"), even though the plaintiff's claims arose before the EFAA's enactment.

The Court found that pursuant to the continuing violation doctrine, a hostile work environment claim accrues each time a plaintiff continues to experience sexual harassment. More ›

Texas Federal Judge Strikes Down FTC’s Noncompete Ban

On August 20, 2024, Judge Ada Brown of the United States District Court for the Northern District of Texas set aside and barred the nationwide implementation and enforcement of the FTC’s Final Noncompete Rule. More ›

FTC Faces Setback in U.S. District Court Over Noncompete Rule

On July 3, 2024, Judge Ada Brown of the United States District Court for the Northern District of Texas preliminarily enjoined the Federal Trade Commission ("FTC") from enforcing the Final Noncompete Rule ("Rule") against the parties to the pending lawsuit.

At this time, the prohibition on enforcement of the Rule is limited to the parties to the lawsuit. After additional briefing, the court deferred broader relief to later proceedings and intends to rule on the merits of the claim for injunctive relief on or before August 30, 2024. More ›

What Does New York City's Expanded Anti-Discrimination Protection Mean for Employers?

On May 11, 2024, a new law went into effect, amending New York City Administrative Code §§ 8-109 and 8-502. The law prohibits provisions in agreements that shorten the timeframe an employee has to file a claim for unlawful discriminatory practices, harassment, or violence under the New York City Human Rights Law ("NYCHRL").  More ›

U.S. Supreme Court Rejects Relaxed Standard for Injunctive Relief Under Section 10(j) of the National Labor Relations Act

On June 13, 2024, the U.S. Supreme Court, in Starbucks Corp. v. McKinney (National Labor Relations Board), No. 23-367, rejected the arguments of the National Labor Relations Board (the “Board”) to relax the standard that a district court must employ in deciding whether to implement injunctive relief under Section 10(j) of the National Labor Relations Act (the “Act”).  More ›