In October 2024 we wrote about the Washington State Court of Appeals’ opinion in Androckitis v. Virginia Mason Medical Center, which held that the remedy for meal period violations includes three components: (1) payment of...more
3/4/2025
/ Appeals ,
Compliance ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Rest and Meal Break ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Washington
As of January 1, 2025, Senate Bill (SB) 399, the California Worker Freedom from Employment Intimidation Act (the Act), prohibits employers from subjecting or threatening to subject employees to discrimination, retaliation,...more
2/3/2025
/ California ,
Constitutional Challenges ,
Employee Rights ,
Employment Discrimination ,
Employment Litigation ,
Legislative Agendas ,
New Legislation ,
NLRA ,
Preemption ,
Regulatory Agenda ,
Retaliation ,
State Labor Laws ,
Unions
The Supreme Court of the United States rejected a higher standard of proof for employers to demonstrate that an employee is exempt under the Fair Labor Standards Act (FLSA), providing clarity for FLSA disputes across the...more
In Nessel v. JDM Golf LLC, 2024 WL 3494378, the U.S. District Court for the District of Arizona granted summary judgment for an employer, dismissing the federal law and Arizona state law claims of a former employee alleging...more
Over the years, California’s Private Attorneys General Act of 2004 (PAGA) has provided a procedurally convenient means for employees to seek expansive penalties for employers’ alleged violations of California’s very technical...more
7/12/2024
/ California ,
Class Action ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Labor Code ,
Labor Law Violations ,
Labor Reform ,
Private Attorneys General Act (PAGA) ,
Regulatory Agenda ,
State Labor Laws ,
Wage and Hour
The U.S. District Court for the District of Arizona recently evaluated the reasonableness of two restrictive covenants—the nonsolicitation of customers and the nonsolicitation of employees—along with claims related to...more
4/25/2024
/ Arizona ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Federal Trade Commission (FTC) ,
Final Rules ,
Non-Solicitation Agreements ,
Restrictive Covenants ,
State and Local Government ,
State Labor Laws
For some time now, California law has generally prohibited employers from entering into post-employment noncompete agreements with employees unless an exception applies. The basis for this prohibition is found in Section...more
The Arizona Court of Appeals recently held in Papias v. Parker Fasteners LLC, No. 1 CA-CV 22-0775 (Ariz. Ct. App. Oct. 17, 2023), that a discharged employee could proceed with his retaliation claim against his former...more
11/7/2023
/ Adverse Employment Action ,
Appeals ,
Arizona ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Former Employee ,
Former Employer ,
Retaliation ,
Sick Leave ,
Summary Judgment ,
Termination
In a recent decision, the Arizona Court of Appeals considered the claim that an employee was discharged for disclosing allegedly unsafe conditions in violation of the Arizona Employment Protection Act (AEPA), A.R.S. §...more
A federal court in Arizona recently rejected a defense for Arizona employers seeking to avoid liability for unpaid wages under the Arizona Wage Act (AWA). In Arrison v. Walmart, 2023 WL 4421425 (D. Ariz. July 10, 2023), the...more
9/1/2023
/ Arizona ,
Class Action ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Retailers ,
State Legislatures ,
Summary Judgment ,
Virus Testing ,
Wage Act ,
Wage and Hour
California’s Private Attorneys General Act (PAGA) authorizes current and former employees to bring a representative action for civil penalties on behalf of the state against an employer for Labor Code violations committed...more
7/21/2023
/ Arbitration ,
Arbitration Agreements ,
CA Supreme Court ,
Class Action ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Federal Arbitration Act ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
Viking River Cruises Inc v Moriana
Recently, in Helix Energy Solutions Group v. Hewitt, the U.S. Supreme Court ruled that a daily-rate worker who earned over $200,000 annually was not exempt from the Fair Labor Standards Act’s (FLSA) overtime requirements. In...more
3/3/2023
/ Employer Liability Issues ,
Employment Litigation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Helix Energy Solutions Group Inc v Hewitt No 21-984 ,
Highly Compensated Employees ,
Minimum Salary ,
Multi-Factor Test ,
Over-Time ,
Salaried Employees ,
SCOTUS ,
Wage and Hour
The U.S. Court of Appeals for the Ninth Circuit held on October 24, 2022, in Cariene Cadena et al. v. Customer Connexx, LLC et al., No. 21-16522, that the time a group of call center workers spent booting up their computers...more
President Biden signed H.R. 4445, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (the Act), into law on March 3, 2022. Effective immediately, the Act amends the Federal Arbitration Act (FAA) to...more
3/9/2022
/ Amended Legislation ,
Arbitration Agreements ,
Biden Administration ,
Employer Liability Issues ,
Employment Litigation ,
Federal Arbitration Act ,
Legislative Agendas ,
Mandatory Arbitration Clauses ,
New Legislation ,
Sexual Assault ,
Sexual Harassment
On January 14, 2021, the California Supreme Court decided Vazquez v. Jan-Pro Franchising International, Inc. The decision holds that the ABC test used to determine independent contractor versus employee status for purposes of...more
1/21/2021
/ ABC Test ,
CA Supreme Court ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Former Employee ,
Independent Contractors ,
Misclassification ,
Retroactive Application ,
State Labor Laws ,
Wage and Hour
The California Supreme Court recently issued a decision holding that the time spent on an employer’s premises waiting for and undergoing required exit searches is compensable time that must be paid to employees. The decision...more
The Supreme Court of California recently adopted a new standard for distinguishing between employees and independent contractors under California’s Industrial Welfare Commission (IWC) Wage Orders. Ruling unanimously, the...more
5/8/2018
/ ABC Test ,
CA Supreme Court ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
State and Local Government ,
State Labor Laws ,
Wage and Hour