• 09.28.22

    New Employment Laws in California

    As the California legislative session ended, several employment-related bills were sent to Governor Gavin Newsom for a signature by September 30.

  • 09.28.22

    NLRB Proposes New Joint Employer Standard

    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.

  • 09.28.22

    Nevada Supreme Court Sides With Employer in Marijuana Dispute

    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.

  • 09.28.22

    Employer’s Suit Over Employee’s Book Moves Forward

    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.

  • 09.28.22

    Second Circuit Creates Split on SOX Antiretaliation Claims

    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.

  • 09.19.22

    New DC Law Bans Non-Compete Agreements for Employees Making Below $150,000 Per Year

    A new D.C. law that takes effect on October 1, 2022, will significantly limit the ability of employers to tie their District of Columbia-based employees to noncompetition agreements.

  • 08.15.22

    EEOC Updates COVID-19 Guidance

    The Equal Employment Opportunity Commission released updated guidance for employers on several COVID-19-related issues, including when employees can be required to undergo testing for COVID-19, delays to the interactive process and mandatory vaccination programs.

  • 08.15.22

    Despite Prior Lawsuit Settlement, Employee Can Bring PAGA Action

    An employee who settled her individual claims against her employer for alleged Labor Code violations was not precluded from subsequently bringing a Private Attorneys General Act enforcement action with the same allegations, according to a California appellate panel.

  • 08.15.22

    Individual Officer Can Be Liable for Unpaid Wages

    Can a corporate officer be liable for an employer’s unpaid wages to an employee? Yes, a California appellate panel recently determined.

  • 08.15.22

    Janitorial Workers Were Employees, Not Independent Contractors

    ​Janitorial workers were misclassified as independent contractors when they were in fact employees, a California federal court judge has ruled in a long-running dispute.

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