The 2024 California legislative session saw the passage of a number of new and important labor and employment laws...more
1/23/2025
/ California ,
Employee Benefits ,
Employees ,
Employer Liability Issues ,
Employment Policies ,
Equal Pay ,
Freelance Workers ,
Labor Reform ,
New Legislation ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Unions ,
Wage and Hour ,
Whistleblowers ,
Workplace Safety ,
Workplace Violence
Recent amendments to the Fair Work Act 2009 (Cth) establishing a new "whole-of-relationship test" increase the likelihood that Australian businesses will face claims of "sham contracting" by misclassifying employees as...more
12/19/2024
/ Australia ,
Employees ,
Employer Liability Issues ,
Fair Work Act ,
Freelance Workers ,
Gig Economy ,
Independent Contractors ,
International Labor Laws ,
Labor Reform ,
Misclassification ,
New Amendments ,
Wage and Hour
A government contractor challenged a U.S. Department of Labor ("DOL") Office of Federal Contract Compliance Programs ("OFCCP") enforcement scheme in federal court as violating the United States Constitution. The contractor...more
12/6/2024
/ Administrative Law Judge (ALJ) ,
Article II ,
Constitutional Challenges ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Enforcement Authority ,
Federal Contractors ,
OFCCP ,
Removal For-Cause ,
SEC v Jarkesy ,
Wage and Hour
New legislation in Illinois introduces several changes, effective January 1, 2025, that will affect businesses with Illinois employees....more
12/4/2024
/ Anti-Discrimination Policies ,
Employer Liability Issues ,
Equal Pay ,
Human Rights ,
Illinois ,
Job Ads ,
Labor Reform ,
Reproductive Discrimination ,
State Labor Laws ,
Statute of Limitations ,
Wage and Hour ,
Whistleblowers
On August 9, 2024, Illinois Governor J.B. Pritzker signed into law H.B. 3773 (the "Act"), making Illinois the second state to pass broad legislation on the use of artificial intelligence ("AI") in employment decisions....more
10/30/2024
/ Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Bias ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Hiring & Firing ,
Illinois ,
Job Applicants ,
Labor Reform ,
Machine Learning ,
New Legislation ,
State Labor Laws
In the first known case to challenge California's legislative attempt to void noncompete agreements even for employees who do not live or work in California, the First Circuit Court of Appeals upheld the application of...more
Minnesota employers should be aware of several new employment laws that were included in the Omnibus Labor and Industry Policy bill and Omnibus Tax bill that were signed into law at the end of May, just before the close of...more
7/15/2024
/ Earned Sick and Safe Time Act ,
Employee Benefits ,
Employees ,
Employer Liability Issues ,
Equal Pay ,
Paid Leave ,
Paid Sick Leave ,
Paid Time Off (PTO) ,
Pay Transparency ,
State Labor Laws ,
Wage and Hour
California's Private Attorneys' General Act ("PAGA") was the target of a November 2024 ballot initiative that, if passed, would have repealed the Act in response to perceived abuses and frivolous lawsuits....more
The Situation: While U.S. states continue to legislate pay equity and transparency obligations, significant changes are on the horizon in the European Union that will impact U.S. companies with sizeable operations there. The...more
6/6/2024
/ Disclosure Requirements ,
Due Diligence ,
Employees ,
Employer Liability Issues ,
Equal Pay ,
EU ,
EU Directive ,
Federal Labor Laws ,
Gender-Based Pay Discrimination ,
International Labor Laws ,
Labor Reform ,
New Rules ,
Pay Equity Laws ,
Pay Gap ,
Pay Transparency ,
Reporting Requirements
This week, the Federal Trade Commission (“FTC”) voted 3-2 along party lines to finalize a rule that bans noncompete clauses in employment agreements as a per se illegal “unfair method of competition” (“UMC”) under Section 5...more
The Court's decision in Muldrow v. St. Louis requires plaintiffs to prove "some injury" respecting employment terms or conditions in discrimination cases....more
4/25/2024
/ Adverse Employment Action ,
Civil Rights Act ,
Diversity and Inclusion Standards (D&I) ,
Employee Transfers ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
Lateral Transfers ,
Muldrow v City of St Louis ,
SCOTUS ,
Sex Discrimination ,
Title VII
On January 1, 2024, several new employment laws took effect in Minnesota, based on bills passed during the 2023 legislative session. All employers with employees in Minnesota are subject to the following changes, discussed in...more
In Short -
The Situation: On January 10, 2023, New Jersey Governor Phil Murphy signed A-4768, which started a 90-day countdown to the effective date of amendments (S-3170) to New Jersey's WARN Act, the Millville Dallas...more
In Short -
The Situation: On December 29, 2022, President Biden signed the Pregnant Workers Fairness Act ("PWFA") and the Providing Urgent Maternal Protections for Nursing Mothers Act ("PUMP Act") into law....more
In the wake of recent government inquiries into alleged bullying and harassment, including sexual harassment, in Australian workplaces, Australian legislatures and work health and safety regulators have become increasingly...more
The California Legislature passed a number of new and important labor and employment laws during its 2022 session.
...more
Under legislation signed into law last week, New York employers cannot assess points, deduct time from a time bank, or otherwise penalize an employee for using a legally protected absence. The law takes effect February 20,...more
In Short -
The Situation: The national trend toward pay equity is gaining momentum, leading to transformative changes for employers. A growing list of states and local jurisdictions are enacting pay transparency laws,...more
In Short -
The Situation: The National Labor Relations Board ("NLRB" or "Board") recently issued a Notice of Proposed Rulemaking to articulate the standard for determining joint-employer relationships under the National...more
The California Supreme Court sides with employees in Naranjo v. Spectrum Security Services, finding derivative claims available for waiting time and pay stub penalties available for meal and rest break violations.
This...more
5/31/2022
/ Appeals ,
CA Supreme Court ,
Derivative Suit ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Labor Code ,
Labor Law Violations ,
Rate of Pay ,
Rest and Meal Break ,
State Labor Laws ,
Wage and Hour ,
Wage Statements
On March 15, 2022, to coincide with this year's "Equal Pay Day," the OFCCP issued a new Directive on pay equity audits. Its stated purpose is to "provide guidance on how OFCCP will evaluate federal contractors' compliance...more
4/15/2022
/ Biden Administration ,
Compensation & Benefits ,
Employer Liability Issues ,
Equal Pay ,
Federal Contractors ,
Labor Reform ,
New Guidance ,
OFCCP ,
Pay Equity Laws ,
Pay Transparency ,
Wage and Hour
On March 3, 2022, President Biden signed into law H.R. 4445, titled "Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021" ("Act"). The law amends the Federal Arbitration Act to prohibit employers...more
3/18/2022
/ #MeToo ,
Arbitration ,
Arbitration Agreements ,
Biden Administration ,
Class Action ,
Class Action Arbitration Waivers ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
Labor Reform ,
Labor Regulations ,
Mandatory Arbitration Clauses ,
New Legislation ,
Sexual Assault ,
Sexual Harassment
On 9 February 2022, the Australian High Court heard two appeals together—Construction, Forestry, Maritime, Mining and Energy Union & Anor v Personnel Contracting Pty Ltd [2022] HCA 1 ("Personnel") and ZG Operations Australia...more
3/3/2022
/ Australia ,
Employee Definition ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
International Labor Laws ,
Labor Reform ,
Misclassification ,
Wage and Hour
The California Supreme Court holds that "regular rate of compensation" used for calculating meal and rest period premiums is identical to "regular rate of pay" used for calculating overtime premiums, which includes hourly...more
7/20/2021
/ CA Supreme Court ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Labor Law Violations ,
Labor Regulations ,
Over-Time ,
Rate of Pay ,
Rest and Meal Break ,
State Labor Laws ,
Wage and Hour
The Situation: Recent amendments to the Illinois Human Rights Act ("IHRA") restrict Illinois employers from relying upon conviction records to make adverse employment decisions unless they comply with new substantive and...more