• 12.20.22

    Second Circuit Affirms Dismissal Based on Separation Agreement

    The Second U.S. Circuit Court of Appeals recently weighed in on release provisions in separation agreements in the context of a head injury.

  • 12.20.22

    Sixth Circuit Reverses Dismissal of FMLA Action

    Reversing summary judgment in favor of an employer in a Family and Medical Leave Act action, a panel of the U.S. Court of Appeals for the Sixth Circuit held that an employee was not required to provide details each time he requested to use his intermittent leave.

  • 11.16.22

    Ninth Circuit Rejects Another AB 5 Challenge

    The U.S. Court of Appeals for the Ninth Circuit has again upheld California’s Assembly Bill 5, the 2019 law that adopted the ABC test to determine whether a worker is an employee or independent contractor, in a First Amendment challenge.

  • 11.16.22

    California Court Reverses Dismissal of EPA Claim

    A California appellate panel reversed dismissal of a female employee’s Equal Pay Act claim, finding her evidence that a single male comparator was paid more than she was to be sufficient to survive summary judgment.

  • 11.16.22

    Rounding Policy Falls Flat in California

    An employer’s quarter-hour rounding policy did not comply with California law because the company could and did track the exact time in minutes that employees worked each shift—but did not pay them for it, according to a California appellate panel.

  • 11.16.22

    Federal Lawmakers Consider Ban on Noncompetes

    Continuing a crackdown on noncompetes at the federal level, a new bill introduced in the House of Representatives would ban noncompete agreements nationwide for nonexempt employees under the Fair Labor Standards Act.

  • 10.20.22

    DOL Releases New Rule on Worker Classification

    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.

  • 10.20.22

    California Employers Face Privacy Law Requirements

    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.

  • 10.20.22

    Costly Lesson in California Court to Pay Arbitration Fees on Time

    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.

  • 10.20.22

    New York Proposes Regulations for AI Use in Employment Decisions

    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.



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