10.20.22
On October 13, 2022, the Department of Labor released a new proposed rule on the question of whether a worker is an employee or an independent contractor under the Fair Labor Standards Act.
Following the failure of a measure that would have delayed effectiveness of the California Privacy Rights Act, employers in California now must comply with the state’s privacy law beginning January 1, 2023.
Providing an expensive lesson, a California appellate court held that an employer’s failure to timely pay an arbitration fee resulted in a waiver of the employer’s right to require arbitration.
After enacting a measure in 2021 restricting the use of artificial intelligence in employment-related decisions, New York City has released proposed regulations in advance of the new law’s effective date of January 1, 2023.
A Texas federal court has struck down Equal Employment Opportunity Commission guidance on protections for LGBTQ+ employees.
09.28.22
As the California legislative session ended, several employment-related bills were sent to Governor Gavin Newsom for a signature by September 30.
As promised earlier this year, on September 6, 2022, the National Labor Relations Board released a notice of proposed rulemaking on the standard for determining joint employer status under the National Labor Relations Act.
Demonstrating the challenges of differing state and federal laws with regard to marijuana, the Nevada Supreme Court dismissed a complaint filed by an employee terminated for a positive marijuana test.
A federal court permitted a company to bring claims of non-disparagement and defamation against a former employee after he authored a book on workplace bullying—even though the book didn’t name the employer.
A Sarbanes-Oxley Act antiretaliation claim requires a showing of retaliatory intent, a unanimous panel of the Second U.S. Circuit Court of Appeals has ruled, creating a split of authority with the Fifth and Ninth Circuits.