April showered us with quite a few unexpected and impactful legal developments in the workplace. Two Federal agencies released proposed rules that potentially impact nearly every American workplace (new salary threshold...more
The recent New York Times piece about the efforts of some organizations to “rebrand” Diversity, Equity, and Inclusion (DEI) initiatives to avoid ensnaring those programs in some recent state statutory training bans is a...more
Beginning July 1, 2024, a new California law (SB 553) will require most California employers to establish workplace violence prevention plans. We answer 10 frequently asked questions about the new law below....more
4/9/2024
/ Cal-OSHA ,
California ,
Deadlines ,
Employee Training ,
Employer Liability Issues ,
Labor Reform ,
New Legislation ,
Policies and Procedures ,
State Labor Laws ,
Workplace Safety ,
Workplace Violence ,
Workplace Violence Prevention Programs
This week's controversy regarding the termination of former Republican National Committee Chair Ronna McDaniel from her broadcasting position before she started work raises many issues concerning politics in the workplace...more
The Securities & Exchange Commission ("SEC") issued its long-awaited final rule concerning climate disclosures, entitled “The Enhancement and Standardization of Climate-Related Disclosures for Investors” (“Climate Disclosure...more
3/15/2024
/ Carbon Pricing ,
Climate Change ,
Disclosure Requirements ,
Final Rules ,
Governance Standards ,
Greenhouse Gas Emissions ,
Investment ,
Renewable Energy ,
Risk Assessment ,
Safe Harbors ,
Securities and Exchange Commission (SEC) ,
Severe Weather ,
Sustainability
The Journal's recent piece about managing employees with misperceptions about their employment self-worth reminds us once again why honest and timely performance feedback makes good business sense. I have written before about...more
No, this piece isn't about the 80s comedy-drama featuring a detective dynamic duo's snappy dialogue. This moonlighting refers to an employee working an extra job or two while simultaneously holding down a full-time job,...more
ESG is today’s political football. As Americans take sides and root for their home teams, companies find themselves at the crux of a battlefield that pitches corporate values, strategy, and reputation against a shifting and...more
The recent Wall Street Journal piece about giving employees the time and space to think raises some good points about creativity and problem-solving and why speed doesn't always matter when it comes to productivity. While I...more
The ESG-DEI discussion continues to elicit shareholder interest, at least according to a recent report from The Conference Board about the upcoming proxy season. The report focuses on the political bent underpinning some...more
Today's WSJ article labels ESG as the latest dirty word in corporate America. Setting aside that ESG is an acronym (Environmental, Social, Governance), and not a word, it seems a bit hyperbolic to cast the entire movement...more
Spotify announced this week, through a very public memo to its employees, its plan to layoff about 17% of its workforce. In so doing, Spotify joins a number of other technology companies that have recently announced...more
California employers need to be prepared for new laws that become effective starting in the new year. Below is a brief overview of those laws (including the collection of diversity for venture capital companies, an amendment...more
11/29/2023
/ Anti-Discrimination Policies ,
California ,
Diversity and Inclusion Standards (D&I) ,
Harassment ,
Marijuana ,
Non-Compete Agreements ,
Paid Time Off (PTO) ,
Recreational Use ,
Reporting Requirements ,
Reproductive Healthcare Issues ,
Retaliation ,
Sick Leave ,
Startups ,
Unpaid Leave ,
Venture Capital ,
Workplace Violence
We recently posted about the investor who sued Target Corporation for securities laws violations arising from Target's alleged failure to warn investors about the risks associated with rolling out its 2023 Pride Collection...more
The Mintz Environmental, Social, and Governance (ESG) Working Group developed this ESG primer to provide an overview of the current state of affairs in the United States with respect to the ESG issues that businesses...more
10/30/2023
/ Affirmative Action ,
Antiboycott Requirements ,
Boycotts ,
CFTC ,
Climate Change ,
Corporate Governance ,
Employee Retirement Income Security Act (ERISA) ,
Enforcement ,
Environmental Social & Governance (ESG) ,
Fossil Fuel ,
Greenhouse Gas Emissions ,
Greenwashing ,
Net Zero ,
New Regulations ,
Rulemaking Process ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Shareholders ,
State and Local Government ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina
The Fifth Circuit has rejected the challenge to Nasdaq’s “show and tell” diversity rule that requires Nasdaq companies to publicly disclose the makeup of their boards. In Alliance for Fair Board Recruitment, National Center...more
10/24/2023
/ Administrative Procedure Act ,
Affirmative Action ,
Board of Directors ,
Disclosure Requirements ,
Diversity and Inclusion Standards (D&I) ,
En Banc Review ,
Equal Protection ,
Fourteenth Amendment ,
Investors ,
Nasdaq ,
Quotas ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina
Last month, Federal District Court Judge Stanley A. Bastian dismissed at oral argument a shareholder suit challenging the Starbucks DEI initiatives. The Court has now issued a brief, yet informative written decision that in...more
On the heels of the New York and FTC non-competition legislation (discussed here and here), Governor Newsom recently signed an amendment to California’s non-compete ban into law. The amendment, S.B. 699, takes effect on...more
9/19/2023
/ Amended Legislation ,
CA Supreme Court ,
California ,
Enforcement ,
Federal Trade Commission (FTC) ,
Injunctive Relief ,
Labor Code ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Restrictive Covenants ,
Retroactive Application
The recent Wall Street Journal piece about the use of online dating apps for employment networking explored what happens when people in the relationship marketplace leverage dating apps for career development. It makes sense...more
The recent Wall Street Journal article about the Supreme Court's affirmative action decision and its potential to chill corporate diversity efforts suggests that the decision has fueled an organized attack on corporate...more
Today's Wall Street Journal featured not one but two articles addressing jerky behavior at work. The first article addressed the extremes of people management: the supervisor who approaches business in a “nice” manner risks...more
The California Supreme Court has closed the door on the employer-friendly rule the U.S. Supreme Court set out in the case of Viking River Cruises Inc. v. Moriana. There, the Supreme Court held that employees could waive their...more
7/26/2023
/ Arbitration ,
CA Supreme Court ,
California ,
Employer Liability Issues ,
Employment Litigation ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
Standing ,
Uber ,
Viking River Cruises ,
Viking River Cruises Inc v Moriana
If 20% of Americans currently live with mental illness as the National Institute of Mental Health reports, and 60% of American adults are working as the Bureau of Labor Statistics tells us, then managing mental health and...more
A few months ago, we wrote about the NLRB General Counsel's opinion that some non-disparagement and confidentiality provisions in employment agreements potentially interfered with employees' NLRA Section 7 rights. That...more
The recent report about the hybrid working environment's negative impact on career development tells us that personal interaction impacts learning. The value of in-person interaction -- and the instant feedback that comes...more