• 09.27.19

    DOL Announces Final Overtime Exemption Rule

    On March 7, 2019, the U.S. Department of Labor issued a Notice of Proposed Rulemaking (“Proposed Rule”) which sought to increase the minimum salary thresholds for the Fair Labor Standards Act’s “white collar” and “highly compensated” overtime exemptions.

  • 09.24.19

    Landmark Legislation AB5 Codifies Dynamex ABC Test and More

    In a signing statement on September 18, 2019, Governor Gavin Newsom declared Assembly Bill 5 “landmark legislation for workers and our economy.”

  • 09.24.19

    California Delays Sexual Harassment Training Requirements

    California employers set to comply with the new sexual harassment training requirements arising out of last year’s Senate Bill 1343 got a recent reprieve with new legislation that provides a partial one-year extension. 

  • 09.24.19

    California Supreme Court: Unpaid Wages Are Not Recoverable Under PAGA

    In a welcome surprise for employers, on September 12, 2019, the California Supreme Court resolved the significant issue of whether unpaid wages constitute a civil penalty recoverable in Private Attorneys General Act (PAGA) claims premised on violations of Labor Code Section 558.

  • 09.24.19

    Three Big Moves From the NLRB

    The top three stories in National Labor Relations Board (NLRB) news in recent weeks include (1) a decision holding that the misclassification of workers does not constitute an independent violation of the National Labor Relations Act (NLRA), (2) a ruling on mandatory arbitration agreements in the ...

  • 09.24.19

    Ninth Circuit Adopts But-For Causation Standard in ADA Discrimination Claims

    Rejecting the motivating factor causation standard, the U.S. Court of Appeals for the Ninth Circuit declared that the “but-for” standard of causation applies to Americans with Disabilities Act (ADA) discrimination claims.

  • 09.24.19

    Court Sides With Nurse in Discrimination Suit

    Claims of racial bias brought by a black nurse who was reassigned by her employer after a white patient complained can move forward, a federal court in Michigan ruled, writing that any intentional use of race—even for benign motives—must be subjected to careful judicial scrutiny.

  • 09.19.19

    Final 2019 Amendments to the CCPA Head to Governor’s Desk

    September 13, 2019 marked the last day of California’s 2019 legislative session and, importantly, the last call for any 2019 amendments to the landmark California Consumer Privacy Act (CCPA).

  • 08.29.19

    Ninth Circuit Doubles Down on Duguid

    Doubling down on its recent decision in Duguid v. Facebook, the U.S. Court of Appeals for the Ninth Circuit reiterated in an unpublished memorandum that the exception for government debt to the Telephone Consumer Protection Act (TCPA) is unconstitutional.

  • 08.29.19

    House Passes Another TCPA Bill

    By an overwhelming vote of 429 to 3, the House of Representatives passed the Stopping Bad Robocalls Act, sending the bill to the Senate for consideration.

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