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 ›

New York State 2024-2025 Budget Impact on Employers

On April 20, 2024, New York legislators approved the New York State 2024-2025 Budget. The Budget included three amendments to New York Labor Law affecting all New York employers. More ›

Implications for New York Employers: Sarbanes-Oxley Whistleblower Protections Examined by Second Circuit

On March 1, 2024, the Second Circuit affirmed the judgment of the Southern District of New York in Brian La Belle v. Barclays Capital Inc, No. 23-448 (2d Cir. 2024). More ›

The Department of Labor Announces New Final Rule Clarifying Employee Representative Rights During Workplace Inspections

On March 29, 2024, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) issued a final rule (Final Rule) amending regulations for workplace investigations. It clarifies that employees may authorize both employees and a non-exhaustive list of third-party non-employees to act as their representative and accompany OSHA Compliance Safety and Health Officers (CSHO) during physical workplace inspections. More ›

EEOC Announces Final Rule Implementing Regulations to Enforce and Clarify the Pregnant Workers Fairness Act

On April 15, 2024, the Equal Employment Opportunity Commission (EEOC) published a Final Rule to implement regulations aimed at enforcing the Pregnant Workers Fairness Act (PWFA). More ›

New York Expands Anti-Discrimination Laws for Nonresident Job Seekers

On March 14, 2024, the New York Court of Appeals held that nonresident prospective employees who seek employment opportunities in New York State or New York City and are denied due to discriminatory conduct are eligible to assert claims under the New York State Human Rights Law ("NYSHRL") and New York City Human Rights Law ("NYCHRL"). More ›

New York City Enacts a Workers' Bill of Rights Notice and Posting Requirement

Starting July 1, 2024, New York City employers will be required to distribute a Workers' Bill of Rights to all their current employees and new hires on or before their first day of work. More ›

The 12 Days of California Labor and Employment Series – Day 9 "Expansion of Bases for Restraining Orders in the Workplace"

In the spirit of the season, we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On the ninth day of the holidays, my labor and employment attorney gave to me nine ladies dancing and SB 428. More ›

The 12 Days of California Labor and Employment Series – Day 8 "Expansion of COVID-19 Layoff Recall Rights"

In the spirit of the season, we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On the eighth day of the holidays, my labor and employment attorney gave to me eight maids-a-milking and SB 723.

Layoffs and reductions in force were prevalent during the pandemic. Job layoffs severely impacted the hospitality and building services industries during the pandemic. Based on the number of layoffs and the primary industries affected, California passed SB 93 in 2021. This bill created California Labor Code Section 2810.8. More ›

The 12 Days of California Labor and Employment Series – Day 6 "Employers Beware - Rebuttal Presumption Potentially Available for Retaliation Claims"

In the spirit of the season, we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On the sixth day of the holidays, my labor and employment attorney gave to me six geese-a-laying and SB 497. More ›