• 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.

  • 07.29.22

    Reach of Dobbs Ruling Makes Abortion Care an Employer Issue

    In the wake of the Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization, taking away constitutional protection for access to abortion and sending it back to the states, abortion is now an issue that employers must consider for their workers.

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